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April 30, 2023



Upcoming EEO-1 Reporting Deadlines  

The Equal Employment Opportunity Commission (EEOC) mandates that employers with 100 or more employees and certain federal contractors submit a report about their workforces under Title VII of the Civil Rights Act. This annual report, known as the EEO-1 report, collects workforce data on race, ethnicity, sex, and job category. The goal of the EEO-1 report is to promote compliance with Title VII and provide the EEOC with essential data to identify and address potential discriminatory practices in the workplace.  

The collection of EEO-1 data for 2022 has been postponed. As a result, the EEOC plans to open the portal for employers to enter 2022 EEO-1 information in mid-July 2023.  

This delay gives employers additional time to prepare for the EEO-1 reporting process. Employers should take this opportunity to review their record-keeping systems to ensure they collect accurate and complete data on their workforce. Failure to comply with EEO-1 reporting requirements can result in significant penalties and legal consequences. Employers should also keep in mind that the EEO-1 report is just one tool that the EEOC uses to identify potential discriminatory practices in the workplace. Therefore, employers should proactively identify and address potential issues before they become the subject of an EEOC investigation.   

By taking these steps, employers can help ensure that their workplaces are free from discrimination and promote a culture of diversity and inclusion.  


Prior Year Deadline Guidance  

The EEO-1 reporting process for the previous three years was also delayed in the opening and closing of the portal for submitting the reports. However, the unique situations of those prior years may limit their value as guidance for the current year. Employers should instead refer to the latest from the EEOC and take note of the specific timelines and requirements for submitting the 2022 report.  

Based on the usual deadline and timelines of previous years, employers subject to EEO-1 reporting in 2023 may expect the 2022 submissions by mid-September 2023. Nonetheless, keeping track of any changes or updates from the EEOC and taking appropriate steps to ensure compliance with the EEO-1 reporting requirements is essential.  



While the EEOC sends notification letters to employers subject to EEO-1 reporting requirements, all covered employers are responsible for obtaining and submitting the necessary information before the deadline. Failure or refusal to file can result in a federal district court compelling an employer to comply. Additionally, federal contractors risk losing their government contracts for noncompliance with EEO-1 reporting requirements. Therefore, all covered employers must ensure that they obtain and submit accurate and complete EEO-1 reports before the appropriate deadline to avoid any legal or financial consequences.  


Next Steps  

Employers filing EEO-1 reports for the first time must register on the EEOC's website to receive a company login, password, and further instructions for filing. This registration process is necessary to ensure that new filers receive the information and support needed to complete their reports accurately and in compliance. To stay informed about EEO-1 reporting requirements and any updates or changes, employers should regularly monitor the EEOC's EEO-1 website.   




Understanding the Basics of Pay Transparency in 2023 

Pay transparency refers to openly sharing information about compensation with employees. It involves providing employees with information about how their pay is determined, the salary ranges for different job positions, and how their income compares to their peers within the organization.  

The purpose of pay transparency is to promote fairness, equity, and trust within the workplace. By openly discussing compensation, employees can better understand how their pay is determined and have greater confidence that they are paid fairly for their work. It can also help identify potential pay gaps or biases and promote a culture of accountability and trust between employees and their employers.  

Pay transparency can take many forms, including:  

  • Publishing salary ranges for different job positions.  
  • Providing employees with regular updates on their pay and how it compares to others in their role.  
  • Having open discussions with employees about their pay and how it is determined.  
  • Conducting regular pay equity analyses to identify and address any pay disparities within the organization.  

Pay transparency is about sharing information with employees and creating a culture of fairness and equity within the organization. This means addressing any pay disparities or biases and ensuring that all employees are paid fairly and equitably for their work.  


Pay Transparency Laws  

Pay transparency laws have gained momentum in recent years across the United States. Colorado led the way in 2021 by becoming the first jurisdiction to enact pay transparency laws. Since then, 14 additional states and localities have followed suit and passed their own pay transparency laws.  

Pay transparency is a crucial issue facing HR in 2023. As of the beginning of 2023, an estimated one-fourth of all U.S. workers are covered under pay transparency laws. These laws vary depending on the jurisdiction and may apply to certain types of employers, industries, or all employers. Some jurisdictions, like California, require covered employers to provide pay scale information in any job posting. This means job seekers can better understand the salary range for a particular position and negotiate for fair compensation.  

Other jurisdictions, such as New York City, require covered employers to provide the minimum and maximum annual salary or hourly wage for all job postings, promotions, and transfer opportunities. This provides employees with a clear understanding of what they can expect to earn in a particular role and helps prevent pay disparities and biases within an organization.  

Pay transparency laws are designed to promote workplace fairness and equity. By providing employees with information about pay scales, salary ranges, and other compensation details, these laws can ensure that all workers are paid fairly for their work. As pay transparency laws continue to gain traction, it is crucial for employers to stay up to date on the regulations that apply to their jurisdiction and to ensure that they comply with these laws.  

Pay Transparency Challenges  

When implementing pay transparency laws, employers and employees may face several challenges:  

  1. Privacy concerns: Some employees may be uncomfortable sharing their salary information and feel that it violates their privacy. Employers must balance the need for transparency with employees' rights to privacy.  
  2. Unequal pay practices: When pay is made transparent, it may highlight previously hidden discrepancies. This can lead to tensions among employees and may result in legal action against the employer.
  3. Resistance from management: Some managers may resist pay transparency because they believe it will undermine their authority and make it more challenging to negotiate salaries with employees.  
  4. Lack of standardization: Different jurisdictions have different requirements for pay transparency, making compliance challenging for employers with a presence in multiple locations. The lack of standardization can also make it difficult for employees to compare salaries across different organizations and industries.
  5. Data management: Managing and maintaining accurate data on salaries and pay scales can be challenging for employers, especially if they have multiple locations or a large workforce. Employers must ensure that the information they provide is accurate and up to date, which requires a significant investment in time and resources.  



Employer Takeaway 

Employers must recognize that pay transparency is becoming increasingly important in the modern workforce. Even if an employer is not subject to local pay transparency mandates, it is still worth considering the potential impact of implementing such policies. There are several potential benefits to pay transparency, such as increased employee satisfaction and retention, as well as potential downsides, such as the risk of creating discord or resentment among employees. Employers may also face challenges in determining appropriate pay scales and managing employee expectations. Therefore, employers must carefully consider the potential benefits and challenges of pay transparency before implementing any policies. Employers can consult with human resources professionals, legal experts, or industry associations to gather additional resources and guidance on the topic. 


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