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 from a regression analysis or based on any other aggregate statistical measure such as mean differences) or
(b) the case addresses an identified practice applicable to multiple employees that results in pay discrimination (such as a practice of steering employees who are members of a protected class toward lower paying jobs at hire). There is no specific numeric threshold used to define a systemic case.
Reading the above in connection with Directive 307, the Agency’s new “play book” for pay investigations, makes it evidently clear what OFCCP will be looking for in your next compliance review. . .