Comments on: EEOC pay reporting: the better to sue you with, my dear

By: New data mandate will feed pay-gap myths - Overlawyered

New data mandate will feed pay-gap myths - Overlawyered — Wed, 03 Feb 2016 07:15:49 +0000

[…] Cato’s Daily Podcast features Thaya Brook Knight discussing the proposal outlined in this space the other day: […]

By: gitarcarver

gitarcarver — Tue, 02 Feb 2016 05:05:01 +0000

In reply to Allan. Allan, From the EEOC press release: This pay data would allow EEOC to compile and publish aggregated data that will help employers in conducting their own analysis of their pay practices to facilitate voluntary compliance. The agencies would use this pay data to assess complaints of discrimination, focus agency investigations, and identify existing pay disparities that may warrant further examination. It is pretty difficult to say that the government is not forcing self incrimination here.

By: Mark Biggar

Mark Biggar — Mon, 01 Feb 2016 23:11:30 +0000

Using a duck test argument the EEOC enforcement actions are a criminal prosecution and thus this reporting requirement can be argued to be a self incrimination 5th amendment violation.

By: Allan

Allan — Mon, 01 Feb 2016 21:37:07 +0000

What part of the 5th amendment? Since the EEOC does not prosecute crimes, are you suggesting this is a taking?

I don’t see anything unconstitutional. I do have some concerns about the policy and the burden on businesses, though.

By: MattS

MattS — Mon, 01 Feb 2016 19:37:09 +0000

In reply to Mark Biggar. I'm wondering the same thing.

By: Roger Bournival

Roger Bournival — Mon, 01 Feb 2016 18:20:20 +0000

Mark – I was just going to sarcastically say this – add a few more boxes on the W-2, put the information there and send a second copy to the EEOC. Problem solved!

By: Mark Biggar

Mark Biggar — Mon, 01 Feb 2016 16:00:28 +0000

Why is this not 5th amendment violation? And is it illegal to use IRS data for this?