HR Extras

Private employers required to provide pay data on EEO-1 report

In late September, the U.S. Equal Employment Opportunity Commission (EEOC) announced that starting March 2018, it will collect summary employee pay data from private employers including federal contractors and subcontractor employers. The intent is to improve investigations of possible pay discrimination, which remains a contributing factor to persistent wage gaps. The summary pay data will be added to the annual Employer Information Report or EEO-1 report that is coordinated by the EEOC and the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP).

Private employers and federal contractors are required to submit the EEO-1 annually. In contrast, school districts are required to submit the EEO-5 report bi-annually in even years.

In the past, changes made to the EEO-1 reporting requirements are incorporated into the EEO-5 report at a later date. However, the EEOC has not indicated if school districts will be required to include pay data on the EEO-5 report in the 2018 or 2020 reporting cycle.

Editor’s note: On August 29, 2017, the Office of Management and Budget Office announced it had indefinitely suspended the pay data collection requirement. Employers are still required to file the EEO-1 by March 31, 2018. However, the report will only include race, ethnicity, and gender days.

District-level equity plans not due until Fall 2017 or later

In 2014, the U.S. Department of Education (USDOE) asked each state educational agency to develop and submit a plan describing the steps each agency would take to ensure that "poor and minority children are not taught at higher rates than other children by inexperienced, unqualified, or out-of-field teachers." Texas' equity plan was submitted in August 2015 and approved by the USDOE in December 2015.
Texas school districts will be required to develop and submit their own plans for ensuring equitable access for all students to high quality teachers to the Texas Education Agency (TEA) by next fall. TEA anticipates providing equity plan toolkits to ISDs in spring 2017, along with additional training from regional Education Service Centers. While nothing is required right away, districts should keep this on their radar for 2017. HR staff will need to be involved in development of the plan, since many of the strategies for ensuring equitable access focus on recruiting, developing, retaining, and assigning high-quality educators.