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Overview
The ongoing debate between the Office of Federal Contract Compliance Programs (“OFCCP”) and the contractor community over how to appropriately analyze compensation and prove discrimination through statistics came to a head last September when Administrative Law Judge Richard M. Clark issued a 280-page decision in OFCCP v. Oracle, the largest and most significant pay discrimination case ever brought by OFCCP. Following three years of litigation, a two-year compliance review, a full trial on the merits last December, and extensive post-trial briefing, Judge Clark not only found that all of OFCCP’s claims against Oracle, including claims of compensation and job assignment discrimination, should be dismissed with prejudice, but Judge Clark’s detailed articulation of the appropriate legal framework for analyzing these claims consistent with Title VII legal principles has significant implications for federal contractors, including because the same legal principles governing the litigation also govern any administrative findings by OFCCP during compliance reviews.
Please join panelists Erin M. Connell and Gary R. Siniscalco of Orrick, Herrington & Sutcliffe LLP, and David Cohen of DCI Consulting Group, Inc., as they provide a spirited yet practical discussion of:
- Decision highlights, including key take-aways from the 280-page decision that matter most to employers when it comes to claims of systemic compensation discrimination and job steering [15 minutes]
- The impact of the decision for federal contractors, including what it means for OFCCP’s approach to compensation prospectively, particularly in light of OFCCP’s final rule on its procedures to resolve potential discrimination claims [15 minutes]
- How federal contractors can use the decision to their advantage during an OFCCP audit, including with respect to data requests and challenging “indicators” of discrimination [15 minutes]
- Best practices and lessons learned for preparing for a successful OFCCP audit [15 minutes]