What Will 2024 Bring?
Expect EE0-1 Reporting Changes Annual EEO-1 reporting is required for nearly all employers with 100 or more employees and for many federal contractors or subcontractors with at least 50 employees. • We anticipate that the EEOC will soon revise the gender reporting categories to give employees an opportunity to voluntarily self-identify as non-binary or a similar category other than male or female. • In addition, the EEOC may revise race/ethnicity reporting to include a category specifically for employees with origins in Middle Eastern countries who have historically been reported as “White.” • We also continue to hear rumors that the EEOC may resurrect the pay data reporting requirement, which is similar to California’s requirement, and was briefly implemented and discontinued at the federal level. Expect More States to Push Pay Transparency and Pay Reporting States will continue to enact pay transparency requirements in 2024, putting pressure on multistate employers to develop uniform pay disclosures for job postings and advertisements. In addition to Massachusetts, be on the lookout for pay transparency legislation in New Jersey and other states known for robust pay equity and anti-discrimination laws. Meanwhile, other states may soon follow the lead of California and mandate pay reporting. New York, New Jersey, Massachusetts, Illinois, and Washington are the most likely to jump on the bandwagon.
AI Focus
Get Ready for Even Greater Enforcement Efforts As employers explore innovative ways to use Generative AI in the workplace, the EEOC has warned that an improper application of AI could violate federal anti-discrimination laws. In 2024, employers facing discrimination charges may see more requests to provide specific details about any AI or software used to set initial compensation, monitor compensation for existing employees, or ensure that compensation is equitable following a promotion.
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