Collecting Compensation Data from Employers (2012) / Chapter Skim
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1 Background
1 Background
Pages 7-25
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From page 7... ...
has a significant and active data collection program, which primarily collects information about employment status. While EEOC currently collects some pay data in its periodic reports from state and local government agencies for antidiscrimination enforcement, the agency has not collected pay data from private-sector employers, except on a case-by-case basis as necessary to support specific investigations.
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prohibits a wide range of discriminatory employment practices, including discriminatory pay practices, and addresses discrimination based on sex, as well as race, color, religion, and national origin. Title VII covers private-sector employers with 15 or more employees and state and local government employers.
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Title VII's prohibitions on compensation discrimination are broader than those contained in the Equal Pay Act. For example, under Title VII, an employee can challenge not only unequal pay between men and women performing substantially equal work, but also discriminatory practices that lead to unequal compensation, such as steering women to lower paid jobs than men or maintaining "glass ceilings," artificial barriers to the advancement of women.
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Under these laws, federal contractors must provide equal employment opportunities and take affirmative action to 2 n I addition to race and sex, Executive Order 11246 (originally implemented in 1965) addresses equal opportunity on the basis of religion, color, and national origin.
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or the regulations or orders thereunder." The EEOC currently collects workforce data from private-sector employers with more than 100 employees, from federal contractors with 50 or more employees, and from all state and local government employers. Employers that meet the reporting thresholds have a legal obligation to provide the data; it is not voluntary.
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Equal Employment Opportunity Commission (2010 EEO-1 Aggregate Report of U.S.)
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This is the only EEO report that now collects employment data by job group and salary ranges for race/ethnicity and gender, with separate reports by function. Data are also collected separately for part-time employees and new hires.
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The task force report noted the administration's strong support for the Paycheck Fairness Act, which would have required EEOC to use its data collection 6 The job groups are officials, administrators, and managers; principals; teaching assistant principals; nonteaching assistant principals; elementary classroom teachers; secondary classroom teachers; other classroom teachers; guidance staff; psychological staff; librarians and audiovisual staff; consultants and supervisors of instruction; other professional staff; teacher aides; technicians; clerical and secretarial staff; service workers; skilled crafts; and unskilled laborers. 7 art-time employees are grouped by professional, instructional, and all other; new hires are P grouped by officials, administrators, managers, principals and assistant principals, classroom teachers, other professional staff, and nonprofessional staff.
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The panel will consider suitable data collection instruments, procedures for reducing reporting burdens on employers, and confidentiality, disclosure, and data access issues. It will issue a report with findings and recommendations on what data the EEOC should collect to enhance wage discrimination law enforce ment efforts, which will assist the Equal Employment Opportunity Commission (EEOC)
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Berrien contended that, in addition to strengthening the EEOC enforcement program under Title VII and the Equal Pay Act, better pay data collection would also assist employers in monitoring their compliance with federal, state, and local laws prohibiting wage discrimination. By maintaining accurate pay data, Berrien said, employers will be able "to compare and identify pay differentials that deserve closer scrutiny and to detect other patterns that may suggest departures from the standard of equal pay for equal work." EARNINGS INFORMATION Use by OFCCP10 OFCCP officials similarly argued for the collection of earnings information in a presentation to the panel.
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For example, construction contractors with federal contracts or subcontracts valued at more than $10,000 in any 12-month period are covered by Executive Order 11246 at all construction worksites in the United States (Office of Federal Contract Compliance Programs, 2009)
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TABLE 1-3 Example of an Employer's Workforce Analysis for an Affirmative Action Plan 18 Workforce Analysis DEPARTMENT/WORK UNIT: Administration MALES FEMALES EEO-1 Category Wage (EEO-1 Job Total Job Title Rate Form or Group Employees OFCCP regulations) White Hispanic Total Black/African American Asian/Pacific Islander American Indian/Alaskan Native Total White Black/African American Asian/Pacific Islander American Indian/Alaskan Native Hispanic S-A 1 1 1 1 1 General Manager S-D 1 1 1 1 1 Personnel Manager S-J 5 5 1 1 1 Executive Assistant Administrative H-8 5 5 1 1 1 Assistant File Clerk H-11 5 5 2 1 1 1 1 DEPARTMENT TOTAL 6 3 2 1 3 1 1 1 SOURCE: U.S.
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Use by DOJ12 According to Jocelyn Samuels, senior counselor to the assistant attorney general for civil rights of DOJ, the department uses data, including pay data, gleaned from the EEO-4 reports to fulfill its responsibilities under antidiscrimination statutes. The "pattern or practice" cases initiated based on the department's independent authority under Title VII, Samuels told the panel, "are factually and legally complex cases that seek systemic injunctive relief to alter unlawful employment practices -- such as discriminatory recruitment, hiring, assignment or promotion policies -- which have the purpose or the unjustified effect of denying employment or promotional opportunities to a class of individuals." DOJ may also investigate and file suit against a state or local government employer based on an individual charge of discrimination referred by the EEOC, as described above.
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EEOC publishes annual statistical summaries of employment data from the EEO-1 and EEO-4 reports, as well as information received from federal government departments and agencies, on its website in three series: Job Patterns for Minorities and Women in Private Industry (EEO-1) ; Job Patterns for Minorities and Women in State and Local Government (EEO-4)
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Administratively, EEOC primarily uses the EEO-1 data to identify potential discriminatory practices in the context of an investigation of a charge and to otherwise support investigations. The EEO-1 data are used in different ways at different stages of the investigation, and the analysis becomes more refined as the investigation progresses.
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• Conclusion: Substantial Evidence Against Null Hypothesis of No Difference in Proportions Other situations may require more refined analyses. For example, sometimes a national firm has many facilities, hiring workers for the same job in different local labor markets.
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These researchers also examined the impact of OFCCP compliance reviews and Title VII lawsuits on employment profiles (Dobbin, Kalev, and Kelly, 2007; Kalev and Dobbin, 14 elden's S assessment covered Ashenfelter and Heckman (1976)
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In the absence of employer-based earnings data by job category and demographics, however, the research community largely turned to household data to support analysis of the extent and effect of compensation discrimination in the labor market. The Current Population Survey and, more recently, the American Community Survey have emerged as powerful sources of data on earnings, industry groups, occupations, and demographics.
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; • Equal Employment Opportunity: DOL Contract Compliance Re views Could Better Target Federal Contractors (1995) ; and • EEOC: An Overview (1993)
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