OFCCP Won’t Use EEO-1 Component 2 Pay Data

November 27, 2019Alerts

The Office of Federal Contract Compliance Programs (OFCCP) recently published a notice in the Federal Register announcing that it would not request, accept or use EEO-1 Component 2 Pay Data collected by the Equal Employment Opportunity Commission (EEOC). 

The notice comes on the heels of the EEOC’s September 11, 2019 announcement that it would not seek to collect Component 2 data for 2019. As we reported in a previous alert, after a two-year standstill, the EEOC is still collecting pay data for 2017 and 2018.

Both the EEOC and the OFCCP have opined that Component 2 data has limited utility in enforcing anti-discrimination laws and regulations. The OFCCP further explained that it already receives detailed pay data when it conducts compliance reviews, which it deems more suitable than what is collected in the EEO-1 for ensuring that government contractors are not engaging in discriminatory pay practices.

This notice only applies to Component 2 data and the OFCCP will continue to use EEO-1 Component 1 data.

For more information about this alert or if you have any questions or concerns, please contact Kenneth A. Rosenberg at 973‐994‐7510 or [email protected], or Nicole D. Espin at 973.548.3334 or [email protected], or any member of Fox Rothschild’s Federal Government Contracts & Procurement Practice Group.