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Supreme Court Ruling Denies Public Access to Information Provided by Private-sector Companies

OutSolve

Ruling impacts pay data submission in the EEO-1 Component 2 filing

Under the Freedom of Information Act’s (FOIA’s) Exemption 4 protects “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.” This language has led to much confusion and many courts have determined that information should only been deemed confidential under Exemption 4 if it can be shown that its disclosure would cause “substantial competitive harm.”

On June 24, 2019 the Supreme Court clarified Exemption 4 through an opinion in Food Marketing Institute v. Argus Leader Media. The court’s majority opinion overruled the “substantial competitive harm” standard and held that the information provided to the government is “confidential” under FOIA Exemption 4. Therefore, the court ruled that such information is not subject to public disclosure if the information is “both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy.”
The ruling should make federal contractors rest a little easier knowing that the sensitive pay data to be submitted in the EEO-1 Component 2 filing would not be made public.

At OutSolve we are not only your consultants but your partners; we urge you to be proactive and have an expert review your data for risk analysis before submitting your information to the federal government.

Video Transcription

Are you ready to submit the EEO-1 Component 2?

Every single company with more than a hundred employees is required to file compensation information to the federal government for the first time ever, and I hope you've got a lot of time in your hands because it's going to take a while.

Thankfully OutSolve can help. Our experience consultants can remove the burden of filing the report by simply sending us the data instead.

Meet David, he's one of our experienced consultant’s that is ready to complete the EEO-1 Component 2 for you. He will fill out 20 individual surveys covering race, gender, W-2 wages and hours worked for each person and each individual location of your company so you don't have to. In order to complete the report manually, not only must you can pile the additional data elements from your own files, but you'll need to sort them out by pay band, race and gender, locating a different place for each.

Not convinced you need help?

What takes an average of 15 minutes to do for a single EEO-1 location requires significantly more time to complete this report.

What was one screen per location for the traditional EEO 1 is now 20 that's right. A 2000% increase in workload for you.

We want to help! We'll provide you with a professional consultant who can do this in an efficient and timely manner. At OutSolve, we want to remove the burden. Give us a call, let us help!

EEO-1 Component 2 Survival Kit

Eeo 1 Comp2 Survival Guide

EEOC IS REQUIRED TO COLLECT EEO-1 COMPONENT 2 PAY DATA FOR TWO YEARS

Are you wondering how to organize and format your data for a timely submission? This guide will help.

Get 2019 Comp 2 Survival Kit!

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