The Equal Employment Opportunity Commission (“EEOC”) collected 2017 and 2018 pay data from employers on the EEO-1 form. The pay data collected, referred to as Component 2, was the subject of controversy because the broad pay bands and job categories render the data essentially meaningless in terms of determining the existence of pay discrimination. In 2019, the EEOC decided to stop collecting the Component 2 data. Nevertheless, the EEOC collected such data from around 70,000 employers.

Last week, the EEOC released a data dashboard with information from employers’ Component 2 reports. The data is aggregated based on the 19 industries listed on the EEO-1 report. Despite the limited efficacy of the data, some general observations can be drawn. For example, men are more likely to be listed in the higher pay bands than women.

Although the EEOC no longer collects Component 2 data, California and Illinois require many employers to provide pay data reports. Moreover, the EEOC indicated that it is interested in more pay data collection in the future. We will continue to monitor developments in this area on the federal and state level.

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Photo of W. Brian Holladay W. Brian Holladay

Brian represents employers in all areas of labor and employment law. As co-chair of the Firm’s National Compliance team, he frequently advises employers on compliance with national, state, and local legal requirements. Brian’s areas of expertise include guiding employers through the disciplinary and…

Brian represents employers in all areas of labor and employment law. As co-chair of the Firm’s National Compliance team, he frequently advises employers on compliance with national, state, and local legal requirements. Brian’s areas of expertise include guiding employers through the disciplinary and termination process, leave and other accommodation requests, pay equity and transparency laws, and fair workweek legislation. Brian drafts employee handbooks and other policies, employment agreements, and restrictive covenants (such as non-compete, non-solicit, and confidentiality agreements).

Brian also defends employers in courts and administrative agencies across the country. Clients rely on Brian for the defense of employment-related claims such as Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and the National Labor Relations Act. Likewise, Brian assists with high-stakes government audits and investigations, including matters before the EEOC, DOL Wage and Hour Division, OFCCP, and OSHA.

Brian has earned a reputation for his expertise in issues related to the use of staffing agencies, including contracting issues, managing co-employment risk, and defending claims filed by staffing agency employees. He also litigates business torts and contract disputes.

Brian grew up in Knoxville, Tennessee. He received his bachelor’s degree, magna cum laude, from Furman University, where he was captain of the Track and Field team.  Prior to joining the firm, Brian served as a law clerk to the Honorable Gerrilyn G. Brill of the United States District Court for the Northern District of Georgia.

Brian earned his J.D., magna cum laude, from Duke University School of Law. He is now a Senior Lecturing Fellow at Duke University School of Law. He teaches a course called A Practitioner’s Guide to Employment Law.

In his free time, Brian enjoys coaching his children’s youth sports teams.