The Department of Labor’s Office of Federal Contract Compliance Programs issued a proposed amendment to 41 C.F.R. § 60-1.7 that would require certain Federal contractors and subcontractors to submit annually an “Equal Pay Report.” OFCCP foresees using the reports to identify potential pay violations and deter compensation discrimination. The report would contain a summary of compensation information by sex, race, ethnicity, and total hours worked by job category. While the categories mirror those in the EEO-1 Report, the Equal Pay Report would include all W-2 earnings information for the entire calendar year. The information contained in the report would be protected to the maximum extent allowable under the Freedom of Information Act. OFCCP will publish an Equal Pay Report in an Information Collection Request.

The proposed report would be required of Federal contractors with more than 100 employees and with a contract, subcontract, or purchase order of $50,000 or more that will be performed for at least 30 days. Contractors who fail to file the Equal Pay Report would be subject to contract cancelation, suspension, termination, or debarment.