INDIANAPOLIS, April 3, 2019 — Indianapolis-based nonprofit DirectEmployers Association filed an amici brief today in the federal District Court for the District of Columbia in the case of the National Women’s Law Center, et al v. Office of Management and Budget, et al. The lawsuit has now compelled the federal Equal Employment Opportunity Commission (EEOC) and the Office of Management and Budget, an arm of The White House, to require those employers covered by Title VII of the 1964 Civil Rights Act and employing 100 or more employees to annually report to the EEOC the value of corporate compensation paid to all their employees. Specifically, the brief provides supporting facts from surveyed employers that it will not be possible for the vast majority of employers to report the pay of their employees by May 31, 2019, as Women’s Groups have advocated.

“The federal government has just started too late to require this first-ever pay reporting to start next month,” said Candee J. Chambers, Executive Director of DirectEmployers Association. “Most employers are telling us they need at least six months to spool-up their pay data and accurately report it to the federal government,” she said. “It’s a myth that employers can just sit down at their computers and hit the send button and make all their pay data accurately and completely spill out in required formats.”

DirectEmployers surveyed its Members, which include over 925 of the nation’s top federal government contractors, two weeks ago. The DirectEmployers survey results revealed that:

  • 70% of those responding to the Survey reported they would not be able to report the called for pay data by May 31, 2019.
  • 66% of the responding employers reported that they would need more budget to obtain more technology and computer software, employ more employees to verify the accuracy of the pay data reports, and/or pay new vendor delivery fees to report pay data.
  • 82%of the companies reported they would be unable to report employee pay data by May 31, 2019, and also reported they would need until the next spring 2020 to do so.

“Our Member companies, which are some of the most dedicated supporters in the Country of fair pay to their employees, have been working very hard to collect, organize and report forward their pay data, but this is a very big job. And it is a complicated task to do well. If the Federal Court were to set a date in early 2020, and the EEOC were to tell us exactly what kind of data formatting and reporting it wants, our well-meaning Member companies could be ready to report their pay data if they had to do so,” said Chambers. “But, employers need a hard target date and certainty as to the types of required reports. No employer wants to throw money down the drain building data reporting systems if the courts and the federal government are going to later change their mind about what is wanted and when.”

For additional information on this topic, as well as access to the full amici brief, visit DirectEmployers OFCCP Week In Review: April 1, 2019.


About DirectEmployers Association
DirectEmployers is a nonprofit member-owned and managed association focused on providing its 925+ members with simple solutions for OFCCP compliance and online recruitment challenges. The Association’s proprietary technology powers a federal contractor compliance solution that assists with the Office of Federal Contract Compliance Program’s (OFCCP) VEVRAA mandatory listing requirements and Section 503 outreach requirements, while also offering recruitment marketing and creative services that help win the best candidates with a combination of vivid recruitment videos, real-life photos and bold branding through its wholly owned subsidiary, Recruit Rooster.

Media Contact:
Candee Chambers, Executive Director, DirectEmployers Association, (317) 874-9052,
candee@directemployers.org

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