The EEOC (Equal Employment Opportunities Commission) and Department of Labor WHD (Wage and Hour Division have agreed on a partnership to enforce “workplace justice issues”. Effective September 13, the EEOC and WHD alliance involves greater collaboration on employment-related matters and regulatory enforcement.
Coordination between the two agencies will increase through information sharing, joint investigations, training, and outreach.
The EEOC investigates “complaints of job discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (40 or older), or genetic information.”
The Department of Labor’s WHD “enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act.”
In its press release, EEOC Chair Charlotte A. Burrows highlights possible collaboration on enforcing two recently enacted federal laws. These are the PUMP Act, and the Pregnant Workers Fairness Act (PWFA).
The EEOC and WHD alliance aims to enhance and maximize the enforcement of federal laws and regulations. Its far-reaching, non-binding MOU allows sharing of information or data that supports either agency’s regulatory enforcement, including:
Regulatory enforcement is equally as extensive. Target areas for investigation and enforcement under the new information sharing agreement may include:
Reinforcing collaboration over regulatory enforcement, the Memorandum of Understanding also states that the two agencies may:
For example, the EEOC may train WHD employees on how to identify employment discrimination. Likewise, WHD staff can advise EEOC staff on recognizing potential wage and hour violations.
The Memorandum of Understanding is expected to result in a much higher level of information sharing. But in addition to concerns expressed over ease of access to information, are those relating to broader sharing of data.
Under the terms of the MOU, the EEOC may share EE0-1 reports submitted by employers.
At present, Title VII prevents the EEOC from publicly sharing information contained in EEO reports. But the WHD agrees only to “observe” the confidentiality requirements of Title VII.
Speaking to SHRM, attorney Debra Steiner Friedman stated that employers “should assume that when they provide information to either the EEOC or the DOL, that information may be shared with the other entity.”
Employers may also experience a rise in investigations due to greater information sharing.
In recent months, the EEOC has become increasingly proactive in ensuring workplace equality:
Overall, these strategies are designed to empower the EEOC “to increase its impact on dismantling discriminatory patterns, practices, or policies.”
The power to gather more data through the EEOC and WHD alliance is another significant step towards achieving that aim.
As pay equity claims rise and regulatory enforcement is strengthened by the EEOC and WHD alliance, employers must act to ensure workplace equality.
Carrying out a pay equity audit can highlight initial signs of workplace discrimination by identifying pay disparities. Trusaic PayParity analyzes compensation through the intersection of gender, race/ethnicity, age, and more in a single statistical regression analysis.
An intersectional pay equity audit enables employers to identify pay gaps that may prevent compliance with EEOC Title VII. Intersectionality more closely examines the multiple factors or demographics that affect fair pay.
Employers should consider updating HR teams and payroll staff on employment-related matters, including staying on top of pay equity legislation, to ensure compliance.
Stay on top of complex legislation. Talk to one of our pay equity experts today.
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