Today is the official start to the 2015 Industry Liaison Group National Conference where conference attendees will focus on “lessons from our past, strategies for our future” in the world of affirmative action and equal employment opportunity.

Marking the 50th anniversary of the signing of Executive Order 11246 OFCCP Director Patricia Shiu acknowledged in her keynote address to open the conference,

“this year is no ordinary year.”

Director Shiu’s remarks highlighted the Executive Order’s history and reminded conference attendees

“what history taught us we are wise to remember.”

Director Shiu also remarked on the accomplishment this year of the “full inclusion of LGBT into our workplace communities” and reiterated the Agency’s commitment to “keep working” on issues of inclusion and equal opportunity.

While today marked the first official day of the conference, many attendees attended pre-conference sessions yesterday. One of the highlights was the joint EEOC and OFCCP presentation on compensation. Jeff Burstein, Supervisory Trial Attorney for the EEOC Newark Office and Bob LaJeunesse, Branch Chief, Expert Services for OFCCP, co-presented on pay equity issues impacting federal contractors.

The EEOC’s section of the presentation focused on recent case developments and litigation implications of pay equity while the OFCCP’s portion provided insights and commentary on the Agency’s current approach to compensation discrimination.

Dr. LaJeunesse, who has been in his position with OFCCP for a short six months, detailed the Agency’s three-step investigative process to:

  1. Identify measureable differences in compensation,
  2. Identify if the difference is between “comparable employees”; and
  3. Assess whether there are legitimate explanations for the differences.

He discussed with nice detail the Agency’s view of “similarly situated” employees, utilizing “wage compensating differentials” that include tasks performed, qualifications or skills, effort, and working conditions.

The joint sessions concluded with both speakers fielding questions on a variety of topics, including the applicability of potential pay impacting factors like performance and prior experience.

The sessions scheduled for the remainder of the conference will continue to build upon the information shared and lessons learned from the pre-conference sessions.

Stay tuned for our updates this week as the conference continues.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.