OFCCP's Pay Equity Audit Directive (2022-01)
3:00 p.m. - 4:00 p.m. (ET)
OFCCP's regulations require employers to conduct analyses to evaluate compensation for gender-, race-, and ethnicity-based disparities.
Many employers conduct pay analyses under attorney client privilege. This new directive firmly establishes OFCCP's position that whatever analyses employers undertake in order to fulfill the regulatory option of conducting some form of pay analysis must be disclosed to OFCCP upon request.
Which then begs several questions, which we will address in this seminar:
- Can employers still undertake pay equity analyses under attorney client privilege and shield the results of those analyses from OFCCP in a compliance review?
- What steps do employers need to take to maintain the privilege? Or, said differently, what should employers do to avoid waiving the privilege?
- If the analyses that employers conduct in order to satisfy the regulatory requirements will have to be disclosed to OFCCP in an audit, what analyses should employers undertake to fulfill their OFCCP regulatory obligations without divulging privileged analyses and advice?
- Does this new directive affect or undermine OFCCP's prior compensation directive 2018-05?
- What are the practical implications of the new directive and how should employers that find themselves listed on OFCCP's Corporate Scheduling Announcement List for an upcoming compliance evaluation prepare in advance for the audit?
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