By Dan Calabrese ——Bio and Archives--September 1, 2017
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The Office of Management and Budget on Tuesday stayed an Equal Employment Opportunity Commission (EEOC) rule dealing with a bureaucratic form known as EEO-1. The old EEO-1 required federal contractors and any company with more than 100 employees to submit data about their workforces—including breakdowns by race, ethnicity, gender and job category. In 2016 Team Obama added a demand for data on pay, effective March 2018. The rule is a typical end-run around Congress, which refused to enact President Obama’s Paycheck Fairness Act that would have enabled such wage-data collection. Mr. Obama also tried to coerce such data through the Office of Federal Contract Compliance Programs. When that failed, EEOC got the mission. The Trump OMB cited the exorbitant cost and hassle of compliance for staying the rule, and that’s reason enough. The old EEO-1 form required about 180 pieces of information, while the Obama form increased that 20-fold to 3,660 data points per report. The Obama EEOC said the rule would cost about $50 million a year and 1.9 million hours to comply. But a Chamber of Commerce survey found the direct compliance costs alone would be closer to $400 million and eight million hours of labor. Add indirect overhead and annual costs jumped to $1.3 billion.
The Paperwork Reduction Act requires agencies to show that regulations have value and to minimize their cost. Yet the new EEO-1 form would have provided little real insight into pay disparity. The form would not have provided information about employee experience, education, flex-time, benefits, hours worked, or myriad other factors that go into pay decisions. The rule would have created a sweeping data base that bureaucrats could manipulate to engineer accusations against corporations. Recall how the Consumer Financial Protection Bureau inferred discrimination in auto lending based on borrower names likes Johnson. The EEOC can already subpoena pay information if it has a credible allegation of discrimination.I don't think the average person has any idea what it costs companies to comply with nonsense regulations like this. Between the HR manpower to gather the data and fill out the forms, to the consultants and regulatory compliance experts who make sure you did it right, this can be a massively significant cost for companies who are then bashed by politicians for their wage levels, or for favoring lower corporate tax rates. Obama used to say he believed in capitalism, but that he didn't think it was really a fair system without significant government intervention into markets and into the operation of individual companies. In other words, Obama didn't believe in capitalism at all. He saw businesses as pools of money to raid, and the ability to harass them via the regulatory state was a great bit of leverage to use in shaking them down for both money and information.
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