Sec. 8. Collection of pay information by the equal employment opportunity Commission
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Section 709 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–8 ) is amended by adding at the end the following: Not later than 18 months after the date of enactment of this subsection, the Commission shall provide for the collection from employers of compensation data and other employment-related data (including hiring, termination, and promotion data) disaggregated by the sex, race, and ethnic identity of employees. In carrying out paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination.
For this purpose, the Commission shall consider factors including the imposition of burdens on employers, the frequency of required reports (including the size of employers required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format to report such data. For each 12-month reporting period for an employer, the compensation data collected under paragraph
(1)shall include, for each range of taxable compensation described in subparagraph (B), disaggregated by the categories described in subparagraph (E)— the number of employees of the employer who earn taxable compensation in an amount that falls within such taxable compensation range; and the total number of hours worked by such employees. Subject to adjustment under subparagraph (C), the taxable compensation ranges described in this subparagraph are as follows: Not more than $19,239. Not less than $19,240 and not more than $24,439. Not less than $24,440 and not more than $30,679. Not less than $30,680 and not more than $38,999. Not less than $39,000 and not more than $49,919. Not less than $49,920 and not more than $62,919. Not less than $62,920 and not more than $80,079. Not less than $80,080 and not more than $101,919. Not less than $101,920 and not more than $128,959. Not less than $128,960 and not more than $163,799. Not less than $163,800 and not more than $207,999. Not less than $208,000. The Commission may adjust the taxable compensation ranges under subparagraph (B)— if the Commission determines that such adjustment is necessary to enhance enforcement of Federal laws prohibiting pay discrimination; or for inflation, in consultation with the Bureau of Labor Statistics. In collecting data described in subparagraph (A)(ii), the Commission shall provide that, with respect to an employee who the employer is not required to compensate for overtime employment under section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ), an employer may report— in the case of a full-time employee, that such employee works 40 hours per week, and in the case of a part-time employee, that such employee works 20 hours per week; or the actual number of hours worked by such employee. The categories described in this subparagraph shall be determined by the Commission and shall include— race; ethnic identity; sex; and job categories, including the job categories described in the instructions for the Equal Employment Opportunity Employer Information Report EEO–1, as in effect on the date of the enactment of this subsection. The Commission shall use the compensation data collected under paragraph (1)— to enhance— the investigation of charges filed under section 706 or section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) ); and the allocation of resources to investigate such charges; and for any other purpose that the Commission determines appropriate. The Commission shall annually make publicly available aggregate compensation data collected under paragraph
(1)for the categories described in subparagraph (E), disaggregated by industry, occupation, and core based statistical area (as defined by the Office of Management and Budget). The compensation data under paragraph
(1)shall be collected from each employer that— is a private employer that has 100 or more employees, including such an employer that is a contractor with the Federal Government, or a subcontractor at any tier thereof; or the Commission determines appropriate. .
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U.S. Code
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- 42 USC 2000e–8
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Sec. 8
Collection of pay information by the equal employment opportunity Commission
Cite42 USC 2000e–8
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