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...
In recent years, federal contractors have come to know an Office of Federal Contract Compliance Programs (OFCCP) that is, shall we say, a bit forward. More requests for data outside of the compliance review period. Common requests for workforce-wide compensation data, or for odd employee groupings without statistical indicators. Routine requests for exhaustive personal contact information of employees. Short turnaround de...
From Hollywood to Congress, the news media to the #MeToo movement on social media, 2017 was the year that women and men from many walks of life stepped forward to reveal stories of sexual harassment.
Since September, harassment allegations and lawsuits have made headlines almost daily, claiming the careers of one high-profile leader after another and opening the eyes of many to the pervasiveness of sexual harassment an...
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...
Picture this (perhaps familiar) scenario:
You received a letter from the Department of Labor notifying you that OFCCP has selected one of your locations for a compliance review.
You responsibly spent the 30-day notice period gathering relevant policies. Check.
You confirmed your workforce data and double-checked your availability and utilization analyses. Check.
You scoured fo...