S.Amdt. 4725

1. Adds SEC. __. COLLECTION OF PAY DATA THROUGH EMPLOYER INFORMATION REPORT EEO-1 at the end of title V

   Adds a section

   Inserted: SEC. __. COLLECTION OF PAY DATA THROUGH EMPLOYER INFORMATION REPORT EEO-1.

   Inserted: (a) Findings.--Congress finds the following:

   Inserted: (1) The Equal Employment Opportunity Commission (referred to in this section as the "Commission") is responsible for enforcing title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), including section 701(k) of that title (commonly known as the "Pregnancy Discrimination Act") (42 U.S.C. 2000e(k)), section 6(d) of the Fair Labor Standards Act of 1963 (commonly known as the "Equal Pay Act of 1963") (29 U.S.C. 206(d)), title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), section 504 of the Rehabilitation Act (29 U.S.C. 794), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), and other Federal civil rights laws that prohibit discrimination in employment.

   Inserted: (2) Employment discrimination can manifest in many ways including firing an employee, paying an employee less, failing to promote an employee, or demoting an employee, because of the employee's race, sex, color, religion, national origin, age, disability, sexual orientation, or gender identity.

   Inserted: (3) Today, on average, women make just 79 cents for every dollar that men make. African-American and Hispanic women are paid just 60 cents and 55 cents, respectively, for every dollar that non-Hispanic White men are paid.

   Inserted: (4) For 50 years, the Commission has collected employment data through the Employer Information Report EEO-1, which provides workforce profiles from private sector employers, categorized by race, ethnicity, sex, and job category.

   Inserted: (5) Pursuant to section 709(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8(c)), the Commission has the authority to collect pay data (including W-2 earnings and hours worked by employees) from employers.

   Inserted: (6) The Commission recently proposed, and has the authority to finalize, a new rule supplementing the information collected through the Employer Information Report EEO-1 to collect pay data from employers in order to obtain insight into pay disparities across industries and occupations and strengthen Federal efforts to combat discrimination.

   Inserted: (7) The data will help employers better understand their pay practices and voluntarily address gender-based pay imbalances, as well as identify pay disparities that may warrant further examination by the Commission.

   Inserted: (b) Transfer of Funds for Information Collection.--The Secretary of Commerce shall transfer $1,000,000 of the funds made available by this Act from the appropriations account under the heading "salaries and expenses" under the heading "Departmental Management" of the Department of Commerce, to the appropriations account under the heading "salaries and expenses" of the Commission. Such transferred funds may only be used to finalize and implement the regulation referred to in the notice entitled "Agency Information Collection Activities: Revision of the Employer Information Report (EEO-1) and Comment Request", published by the Commission (81 Fed. Reg. 5113 (February 1, 2016)).

   Original wording

   At the end of title V (before the short title), insert the following:

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As printed