Want the latest updates on what's been happening with the Equal Employment Opportunity Commission? Take a look here for the most recent roundup from the Labor & Employment Law Section Executive Committee.
President Trump has nominated Dr. Daniel M. Gade and Janet Dhillon to fill out the five-member, bipartisan Commission. If confirmed, Dhillon would become chair, and Acting Chair Victoria Lipnic would return to her Commissioner role along with Dr. Gade and existing Commissioners Charlotte Burrows and Chai Feldblum. Commissioner Yang's term is expiring.
EEO-1 Pay Data
Many have wondered whether, under the new administration, the Commission would go forward with its plan to have certain employers include pay data with their annual EEO-1 reports. It remains unclear. But in comments to the 2017 ILG National Conference, Commissioner Lipnic reported she had asked the Office of Management and Budget—currently reviewing the new requirement on behalf of the new administration—to report its decision before Labor Day, to ensure affected employers have time to react before the deadline. For coverage, go here.
During those same comments, Commissioner Lipnic expressed doubt that the OFCCP would be merged into the EEOC, as proposed earlier this year.
The Commission's efforts on behalf of victims of discrimination based on sex because of their LGBT status continues. In January, the Commission filed suit on behalf of two employees alleging their employer allowed them to be harassed because of their sexual orientation and later retaliated against them for complaining. See the release here. The Commission is also prosecuting its appeal in the Sixth Circuit on behalf of Aimee Stephens, terminated by R.G. & G.R. Harris because of her transgender or transitioning status. Oral argument is pending. (No. 16-2424.)
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