The long-awaited, much anticipated new Directive on OFCCP's compensation analysis methodology has finally arrived … but for those contractors hoping for radical reform, the unfortunate news is there will be little change in the Agency's approach to compensation evaluations. For that reason, Directive 2018-05 – 'Analysis of Contractor Compensation Practices During a Compliance Evaluation' (issued Augus...
Last month, OFCCP announced it had sent 1,000 Courtesy Scheduling Announcement Letters (CSALs) to contractors to notify them that they would be audited by OFCCP in the near future, and as soon as March 19, 2018. As contractors who were on that CSAL list anxiously check their mail boxes for audit scheduling letters, it’s a good time to evaluate best practices for preparing audit submissions to OFCCP. But what can con...
As the federal contractor world waits to see how Trump’s White House will shape OFCCP’s enforcement tactics, there is one tool of the Agency that is unlikely to go away any time soon – the compensation manager interview. There is little doubt that, even in a Republican administration, “equal pay” will remain a top enforcement priority of the Agency. To date, no effort has been as fruitful for...
In OFCCP audits, the greatest risk of a big dollar, “hidden” discrimination finding has always been and continues to be from applicant to hire adverse impact analyses. Despite all the recent press surrounding the Agency’s heightened focus on finding and eradicating compensation discrimination, failure to hire claims are still the Agency’s “bread and butter.”
One reason for this is because it can be very...
As President Obama’s time in office comes to an end, it is becoming clear that a lasting piece of his legacy will be the blending of technology and government. Starting with his 2008 presidential campaign, which embraced digital tools such as Facebook, text messages, podcasts, and “big data” analytics like no candidate had done in the past, it became clear that President Obama would bring to the table a...
How To Be The “Good Guy” Without Creating Bad Evidence
Affirmative action is for the “good guys.” Federal contractors (and subcontractors) do not wait to be sued to address equal employment opportunity (EEO) issues, nor do they accept the status quo. Federal contractors do not assume good intentions are being carried out by managers and recruiters. Rather, they seek out and address potential EEO barriers in the...
With the flurry of changes and ever-expanding obligations for federal contractors over the last eighteen months, employers have undoubtedly spent countless hours and resources “getting into compliance” and updating documents and forms. With each new obligation, employers have reviewed and altered everything from job advertisement taglines and purchase orders to online applications and self-ID forms.
Yet with...
Late last month, Pinterest became the latest in a long line of large tech employers in Silicon Valley to voluntarily publish statistics about the representation of women and minorities in its workforce. This trend was motivated by the recognition that diversity in the workplace breeds creativity and ingenuity, and from persistent urging by Rev. Jesse Jackson’s Rainbow PUSH Coalition to address its concern that Silicon...
As the dust finally settles from OFCCP’s new scheduling letter, the true impact of the new audit reporting requirements is becoming clearer. Despite the Agency’s lofty equal pay initiatives and new regulations, the item giving audit defense practitioners the most headaches right now is the request for inclusion of sub-minority race data for applicants and hires.1
Adverse impact analyses of employers’ hiring pr...
As the persistent “wage gap” continues to make headlines, the Obama Administration has its sights set on eradicating pay discrimination. The directive from the White House to EEOC and OFCCP is, “We know pay discrimination exists – go find it.” As a result, OFCCP has sharpened the tools in its compensation investigation toolbox, including the following:
Rescission of the Compensation Standards and Voluntary Guidel...