January 29, 2016
Partner Mark A. Konkel was quoted in the Law360 article, “Attys React to EEOC's Equal Pay Data Reporting Proposal,” regarding the U.S. Equal Employment Opportunity Commission’s decision to require federal contractors and employers with more than 100 workers to provide pay data. The EEOC says this information will help explain why pay discrimination exists. Mr. Konkel commented:
"The new requirement for employers to turn over pay data is not only burdensome; it’s not the EEOC’s proper role. Generally policing the American workplace is not the EEOC’s mandate, and empowering it to do that is a misuse of executive authority. The EEOC has been successfully challenged in the past few years for leveraging small issues like individual employment discrimination charges into broad, invasive, indiscriminate investigations of workplace practices generally. The new rule enables exactly that: fishing expeditions to police employers without 'probable cause' for the search. That’s not something the EEOC is empowered or mandated to do."
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