OFCCP Compensation Discrimination Guidelines Bring Significant Changes: Step-by-Step Directive 307 Review, Including Proposed Equal Pay Report

Event ID:14283

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DL Only                  $349.00 includes recorded presentation, slides, and Q&A
Duration: 90 minutes including question and answer session.
Presenter(s): Cheryl Behymer, partner, Fisher & Phillips LLP
Price: $349.00, DL includes full audio presentation, question and answer session, and presentation slides.
CE Credits: This program has been approved for 1.5 general recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute.
Who Should Attend? HR, financial officers, CEOs, in-house counsel, affirmative action/EEO officers, and federal contractors

The Office of Federal Contract Compliance Programs (OFCCP) has made significant changes to the procedures it will use to investigate possible compensation discrimination by federal contractors and subcontractors. "Directive 307" replaced earlier voluntary guidelines, and emphasizes a “rigorous fact-based assessment of a broad array of pay practices” based on Title VII analysis. Your compensation practices will be evaluated under these standards, and in addition it appears that the OFCCP will also have an additional tool in its arsenal when the long anticipated proposed "Equal Pay Report" requirements are implemented. Meanwhile, the Pay Transparency rules require a new mandatory posting, as well as handbook and policy revisions. Federal contractors and subcontractors that are found to be discriminating in their pay practices may face significant financial liability for back pay and interest which might also involve class action. Please join Cheryl Behymer, partner, Fisher and Phillips LLP, as she explains the Directive 307 requirements and the proposed "Equal Pay Report" requirements in a practical step-by-step manner before you possibly hear from an OFCCP compliance officer.


Just a sampling of what this webinar will cover:

  • Review step-by-step the Directive 307 requirements
  • Understand the proposed data collection tool requirements
  • Find out when Directive 307 applies to employers who are currently under investigation for compensation discrimination
  • Find out what the OFCCP says are the sources it looks at for information about your compensation practices including: policies and practices, employee interviews, payroll and personnel records, statistical and non-statistical data, consultation with labor economists, and “other relevant information”
  • Discuss the sorts of employment practices that the OFCCP says might signal the presence of compensation discrimination including salary and wages as well as practices relating to: overtime pay, bonuses, commissions, vacation and holiday pay, allowances, insurance, benefits, stock options, profit sharing and retirement plan contributions. There are also employee opportunities, such as job classifications, work assignments, training, preferred or higher-paid shift work, etc.
  • Understand how the OFCCP organizes pay data into “appropriate pay analysis groups.” The use of Similarly Situated Employee Groupings has been replaced with testing for statistical significance within large groups of employees
  • Find out how the OFCCP investigates large systemic, smaller unit, and individual discrimination. This will include analysis of specific job titles, particular units or locations, and other smaller job groupings
  • Review how the OFCCP evaluates internal and external factors to see if compensation practices are explained and if they are being implemented fairly and consistently
  • Consider whether these recent investigative procedures give the OFCCP compliance officer carte blanche, and how you should respond
  • Be sure your employee handbooks and policies include the Pay Transparency policy statement and that you have it posted in required locations


Your conference leader for “OFCCP Compensation Discrimination Guidelines Bring Significant Changes: Step-by-Step Directive 307 Review, Including Proposed Equal Pay Report” is Cheryl Behymer. Ms. Behymer is a partner in the Columbia, South Carolina office of Fisher and Phillips LLP, and co-chair of the firm’s Affirmative Action and Federal Contract Compliance Practice Group. She assists clients by providing timely and practical counsel and training in affirmative action, workplace harassment, immigration compliance, employee leave issues involving the Family and Medical Leave Act and the Americans with Disabilities Act, and other labor and employment issues. Cheryl defends employers who are responding to administrative charges, actively involved in litigation, or are participating in compliance reviews conducted by the Office of Federal Contract Compliance Programs. She prepares affirmative action plans for federal contractors and subcontractors and assists clients with self-audits. She also defends employers in multi-plaintiff lawsuits, including class actions based on Title VII and the Age Discrimination in Employment Act, as well as in Fair Labor Standards Act collective actions. Mrs. Behymer received her J.D. degree from Catholic University of America, Washington D.C.


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