California, Maryland and Minnesota want access to “hours worked” and “pay data” for companies in their state

The case, State of California; California Department of Fair Employment and Housing; State of Maryland; State of Minnesota; and Minnesota Department of Human Rights, filed on October 30, 2020 against Janet Dhillon, Chair of EEOC and the EEOC, seeks access to EEO-1 data for each of the companies within their respective states. The states also want access to EEO-1 component 2 “hours worked” and “pay data.”

The complaint, led by the California Attorney General’s Office and California DFEH lawyers, alleges that before March 2020, the Commission shared all EEO-1 information with the state deferral agencies for all companies operating within the state. It is alleged that after March 1, 2020, EEOC adopted a new practice of providing EEO-1 data to the states only as to companies with a pending unlawful discrimination complaint.

The courts will determine if the prior EEOC policy of sharing EEO-1 data was at the agency’s discretion or because Title VII required it. The states cite 42 U.S.C. § 2000e-8(c) & (d) of Title VII as the source of their alleged authority to access the complete EEO-1 data. Section (d) states “the Commission shall furnish upon request and without cost to any State or local agency charged with the administration of a fair employment practice law information obtained pursuant to subsection (c) of this section from any employer, employment agency, labor organization, or joint labor-management committee subject to the jurisdiction of such agency.”