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OFCCP Case Changes The Game For Contractor Pay Audits

Law360 (April 25, 2019, 4:50 PM EDT) -- In our view, Office of Federal Contract Compliance Programs v. Analogic Corporation Inc.[1] is arguably the most significant sex-based pay discrimination case in the history of the OFCCP.

This ruling is a game changer for the OFCCP and federal contractors. The OFCCP will have to change its audit practices of federal contractors’ pay systems and its approach to “manufacturing” statistical evidence of pay discrimination. Federal contractors can be confident again that their proactive pay equity analysis, which follows Title VII principles, is sufficient and acceptable to meet their affirmative action obligation.

The OFCCP/the solicitor of labor will have to change their...

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