Day 2 of the 2019 ILG National Conference in Milwaukee started with a favorite guest – EEOC Commissioner Victoria Lipnic.  Commissioner Lipnic last addressed the ILG National Conference in 2016, during which time, as she reminded attendees, she was likewise talking about pay data reporting, she had just created the Chief Data Officer role at EEOC and it was several months before the breakout of the #metoo movement.

With respect to the new EEO-1 Component 2 pay data reporting tool, or the “elephant in the room” as she called it, Commissioner Lipnic shared insights and history about the litigation, Court’s Order and how we got where we are today.

She expressed to conference-goers that

the goal is to have everyone comply by the end of September

to satisfy Judge Chutkan’s Order.  She additionally acknowledged that collection of the data is “not easy”; that having to go back to 2017 “is not in any way easy” but that is “what a federal judge has ordered.”  In Commissioner Lipnic’s opinion,

this is no way for public policy to be made.

From this, she offered a bit of advice of a lesson learned by the agency:

If you want your interests to be heard, you must intervene.

She went on to explain how the agency is going to “take a breath” and learn from what they get in the data – to undertake “an honest assessment”.  She desires a bipartisan and open process to learn about the utility and burden associated with the report, and encouraged participants to keep track of the burden associated with filing the required reports.  In her view,

balancing burden and utility is what good policy should be about.

Reflecting back how the agency dealt with issues in the past, she recounted “we took our time to think about it.”

During a subsequent conference session on the modernization of the EEOC, EEOC’s Chief Data Officer, Chris Haffer, answered a few questions about the Component 2 reporting, including whether there would be an “automatic extension” of the September 30th reporting period.  At this time, Dr. Haffer said there would be no automatic extension.  He also mentioned that “data clean up” would likely take until at least January 2020 after which the files would go to EEOC for analysis of data quality and utility.

Following her remarks on pay equity, Commissioner Lipnic turned to another of her favorite topics – age discrimination.  She pointed out that “millennials are just a few years away from being covered by the Age Discrimination Act.”  She also touched briefly on the fact of the 10 year anniversary of the ADA Amendments Act, which increased protections for individuals with disabilities.

As part of a generous Question and Answer session, Commissioner Lipnic answered a particularly simple, yet probing question:  As federal contractors, what do you want us to focus on?  Her response was equally as simple and thought-provoking.  She encouraged contractors to “lead the way in recruiting for populations you traditionally have not gone to before.”

Commissioner Lipnic concluded her remarks by reciting an inscription from the George Washington Masonic National Memorial:

 Let prejudices and local interest yield to reason. Let us look to our National character, and to things beyond the present period.

 

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.