ARTICLE · 02 SEPTEMBER 2021

OFCCP Reverses Course, Will Use EEO-1 Pay Data For Investigation, Enforcement

Littler Mendelson

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On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors by way of Executive Order 11246.

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James A. Paretti, Jr.

David Goldstein

Carroll T. Wright

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On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors by way of Executive Order 11246, announced that it was reversing its prior position regarding the use of EEO-1 compensation data collected by the Equal Employment Opportunity Commission for calendar years 2018 and 2019 (the so-called "Component 2").¹

Specifically, OFCCP announced that effective immediately, it is rescinding its prior policy under which the agency would not "request, accept, or use EEO-1 Component 2 data." The prior policy was based on OFCCP's belief that it would not find significant utility in the data, "given limited resources and [the data's] aggregated nature."

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