On Monday, March 11, 2013, OFCCP held a web seminar on its recent rescission of two 2006 guidance documents on pay discrimination and its new directive on pay discrimination. The rescission and new directive were issued on February 26, 2013, and were effective as of February 28, 2013. OFCCP discussed the new investigative procedures that it would use to determine whether pay discrimination exists and answered questions from the audience.
- Contractors are not required to use any one self-audit method, but they should look at their compensation data from more than one angle to determine if discrimination exists or if there are any patterns.
- Contractors should look at the underlying legal standard when analyzing whether they are compliant.
- Contractors can expect OFCCP to issue clarification soon regarding any perceived discrepancies between scheduling letters and the new directive. There were several questions and requests for clarification related to this issue.
- OFCCP will post the slides used in the web seminar on its website shortly.
OFCCP did not provide much detail beyond the information that is already in the notice of rescission and the new directive, which were summarized in a previous blog post.