Tag Archives: Pay discrimination

Protecting Your Proactive Pay Analyses

The Obama Administration has made it clear that closing the persistent gender “wage gap” is one of its top EEO priorities. As such, OFCCP has ramped up its enforcement of equal pay laws, including rewriting its compensation investigation guidelines with Agency Directive 307, revamping its Division of Statistical Analyses, and reinventing the pay data component … Continue Reading

National Equal Pay Day

April 14, 2015 has been identified as National Equal Pay Day – the day which symbolizes how far into the year women must work to earn what men earned in the previous year. President Obama has made fighting pay discrimination a top priority of his Civil Rights Agenda. He has recently taken several executive actions … Continue Reading

OFCCP Posts FAQs Addressing Submission of Compensation Data in Compliance Reviews

One of the biggest changes to OFCCP’s recently revised scheduling letter is the requirement that employers must now submit employee-level pay data at the outset of an OFCCP audit.  As the Agency puts 2,500 establishments on notice of upcoming audits, and in response to contractor questions and requests for guidance on the new scheduling letter, OFCCP … Continue Reading

Are You Ready to Respond to OFCCP’s New Audit Playbook?: A Special Complimentary Affirmative Action Webinar

OFCCP recently mailed out close to 2,500 Courtesy Scheduling Announcement Letters to employers providing advance notice of upcoming audits. Up against the fast-approaching end of the Agency’s fiscal year, OFCCP began initiating actual audits immediately after the CSALs were mailed. While we can certainly expect OFCCP to continue to focus their enforcement efforts on traditional areas of … Continue Reading

OFCCP Director Patricia Shiu Addresses ILG National Conference

Rounding out the festivities in Washington, D.C., OFCCP Director Pat Shiu addressed attendees on the closing morning of the 32nd Annual ILG National conference.  Keeping to the conference theme of “Learning from the Legacy, Focusing on the Future,” Director Shiu’s remarks centered around the “unfinished business of America” to address issues of pay, sexual orientation … Continue Reading

OFCCP’s Focus on “Steering” Discrimination Gains Steam

As OFCCP tries to find new ways to attack the “pay gap,” the Agency is focused increasingly on novel and creative methods to uncover alleged pay discrimination.  These “outside the box” investigations look beyond simply pay decisions (starting salary and pay adjustments) and instead examine employee selection processes – such as hiring decisions – and … Continue Reading

Update: OMB Reviewing “Pay Transparency” Regulations

Earlier this week, OFCCP delivered to the Office of Management and Budget (OMB) proposed regulations implementing the President’s recent Executive Order 13665 prohibiting employers from retaliating against employees for discussing their pay.  A White House Fact Sheet provides more information on how the proposed regulations fit into the President’s pay initiatives. After OMB reviews (and … Continue Reading

A (Running) List of Presidential Actions Affecting Federal Contractors

It’s been a busy spring and early summer for the President and federal contractors with several new Executive Orders and a Presidential Memorandum on the issues of employee pay as well as sexual orientation and gender identity discrimination.  For those of you trying to keep up with it all, below is an up-to-date summary of the … Continue Reading

CSAL UPDATE: New Details on Wave of OFCCP Advance Audit Notification Letters

Jackson Lewis has learned the following about the latest round of OFCCP Courtesy Scheduling Announcement Letters (CSALs). On July 16, 2014 OFCCP sent out a wave of CSALs giving employers advance notice about impending OFCCP compliance reviews. The latest CSAL wave included:  568 employers 1,507 establishments 23 industries 30 Corporate Management Compliance Evaluations (CMCEs) were … Continue Reading

OFCCP Director Shares Agency’s Thoughts on Recent Supreme Court Decisions

On June 27, Patricia Shiu,  OFCCP Director, gave the key-note speech at the National Employment Lawyers Association’s 2013 Annual Convention.  In a portion of her remarks, Director Shiu referred to two U.S. Supreme Court decisions from this term – Vance v. Ball, which narrowly defined “supervisor” for Title VII purposes, and University of Texas Southwest … Continue Reading

Signs Point to Continued OFCCP Focus on Pay Discrimination as the Equal Pay Act Turns 50

On Monday, June 10, 2013, the Equal Pay Act turned 50. President Obama commemorated this historic anniversary with public remarks at the White House in which he urged continuing pay equality efforts. Occupying a place of prominence, and an act no doubt intended to highlight the Agency’s efforts towards pay discrimination, Director Shiu stood behind … Continue Reading

OFCCP’s Budget Justification Gives Insight Into Agency’s Definition of “Systemic Discrimination”

As we recently shared, OFCCP has issued its budget justification for fiscal year 2014.  As part of this document, OFCCP shared the details of how it will define a “systemic discrimination” case. OFCCP defines systemic discrimination as a case meeting one of two criteria: (a) the case addresses a measurable pattern of discrimination (either based on findings … Continue Reading

OFCCP Asks for More Money in 2014 to Fund Expanded Pay Investigations

In its recently released 2014 budget justification document OFCCP sought an approximate $1.1million dollar funding increase over 2013 levels.  Following on the heels of its rescission of the 2006 Compensation Standards and Guidelines and implementation of Directive 307, OFCCP states the influx of cash will go to fund the Agency’s continued quest to “narrow the … Continue Reading

President Obama Wins Re-Election: For OFCCP and Government Contractors, What Does this Mean?

Jackson Lewis  Webinar – November 14th 2:00 EST  As most of the country watched last night, Barack Obama won re-election as President of the United States.  During his first term in office, the President made pay equity one of his top civil rights enforcement agenda items – and OFCCP responded by becoming more aggressive in … Continue Reading

Fair Pay: A Top Priority for Everyone

Everyone is talking about pay discrimination these days.  Even the Presidential candidates (and their running mates) are focused on the persistent pay gap and their plans for addressing pay in the workplace over the next four years.  Regardless of which party wins the election, it is clear compensation will remain in the spot light.  It … Continue Reading
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