This Annual Report on EEOC Developments—Fiscal Year 2019, our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year.
The United States Court of Appeal for the Third Circuit has issued its decision upholding the Philadelphia Wage Equity Ordinance, one of the so-called “salary history ban” laws.
On February 10, 2020, a federal court approved the EEOC’s request to deem its retrospective collection of compensation data for calendar years 2017 and 2018 completed, ending (at least for now) the federal government’s first-ever collection of pay data.
On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the lower court's decision, which had held that one of the ordinance’s provisions was unconstitutional.
The City of Columbia City Council has formally amended its salary history and criminal background checks ordinance to omit any coverage of private employers in the definition of “employer.”
Recently, the New York Department of Labor released a series of Frequently Asked Questions to clarify changes to New York state law that prohibit employer inquiries into the salary history of applicants and employees, which took effect on January 6, 2020.
The Office of Federal Contract Compliance Programs (OFCCP) has announced that it will not request, accept, or use “Component 2” compensation data submitted on the EEO-1 form.
The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s fall regulatory agenda.