The Advisors' Blog

This blog features wisdom from respected compensation consultants and lawyers

September 13, 2019

How to Prepare for a “Gender Pay Gap” Proposal

Liz Dunshee

I’ve blogged that activist shareholders have no intention of dialing back their “gender pay gap” efforts, and that shareholder support might be increasing. In addition, as I blogged a few months back, it appears that companies will be required to file pay data with the EEOC at the end of this month – and As You Sow says they’ll use that to push for more proxy disclosure. This Orrick blog discusses the evolution of these types of proposals – and reiterates that companies should expect to receive these proposals in years to come. It offers this advice for preparing:

Organizations should consult with counsel in evaluating whether disclosure of pay gap information is right for the company, and on what terms. Employers may also consider performing a pay-equity analysis — if they are not doing so already — to evaluate employee jobs and compare pay among competitors. Typically, this involves retaining legal counsel, and possibly a labor economist to work at counsel’s direction and conduct a privileged assessment. Given the near-certainty that many large companies will be on the receiving end of a pay gap disclosure proposal at some point in the future, preparedness is key in addressing and disclosing internal pay gap information.

We’ll be discussing gender pay gap reporting & shareholder expectations – and many other timely topics – at our popular conferences – “Proxy Disclosure Conference” & “16th Annual Executive Compensation Conference” – this upcoming Monday & Tuesday, September 16-17th in New Orleans and via Live Nationwide Video Webcast. You can still register for online attendance (if you want to attend in person in New Orleans, you will need to register on-site with a credit card or check). Here are the agendas – nearly 20 panels over two days.