In hiring, termination and promotion cases, the analysis examines each step of the decision making process to determine who should have been equally likely to be selected for the particular employment event. For example, in hiring at each stage you look at who remained eligible to progress to the next stage. Ultimately, the investigation should arrive at the final stage where selection rates of the remaining eligible indivi...

Compensation analysis begins with a "snap shot" of data that is examined for disparities in pay. Education, skills, and experience may impact pay, but any unexplained residual disparity is likely attributed to discrimination. Sandra Scott Zeigler, Esq., a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP, sheds light on what federal contractors should be a...

The determination of who is similarly situated is central to the prosecution and defense of a discrimination case. This is because determining whether discrimination actually occurred is a comparative exercise. Whether in self-audits or in the defense of allegations of discrimination, it is important for contractors to understand how to identify who is similarly situated to whom for purposes of equal opportunity analysis. W...

Who is similarly situated? In self-audits or in the defense of allegations of discrimination, contractors need to understand how to identify who is similarly situated to whom for purposes of equal opportunity analysis. Sandra Scott Zeigler, Esq., a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP, sheds light on what federal contractors should be aware o...

Recently the administration called on corporations to pledge not to use unemployment status as a selection criterion in their hiring decisions. According to various media reports at least 300 corporations have taken this pledge including a number of major federal contractors. The purpose of this article is to discuss whether and to what extent the laws currently enforced by OFCCP can be used to address this issue. OFCCP...

The Office of Federal Contract Compliance Programs (OFCCP) asked employers to pledge to not use an individual's unemployment status as a consideration when making hiring decisions. To what extent, if any, can the current laws enforced by the OFCCP be used to address this? Sandra Scott Zeigler, Esq., a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP, she...

An article posted on Buzzfeed.com on December 4, 2013 stated, "Federal Official Refuses to Say Whether Office is Protecting Trans Workers." The response of the Office of Federal Contract Compliance Programs (OFCCP) was, "OFCCP follows Title VII precedent in everything." Sandra Scott Zeigler, Esq., a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP, sheds...

I recently received, from former OFCCP colleagues, a copy of an article posted on Buzzfeed.com on December 4, 2013. The headline read, "Federal Official Refuses to Say Whether Office is Protecting Trans Workers." Apparently, the only response the agency was willing to offer was a reiteration that, "OFCCP follows Title VII precedent in everything." The purpose of this article is to shed some light on what that response may a...

Contractors are expected to scrupulously document their efforts to broaden recruitment, detect discrimination and to prepare for potential OFCCP compliance evaluations. OFCCP should similarly be expected to document and make readily available to the public its enforcement accomplishments. Doing so would be consistent with the pledge of government transparency on which this administration prides itself. It would sensitize co...

The Office of Federal Contract Compliance Programs (OFCCP) has a new model conciliation agreement for compensation in the 2013 Federal Contract Compliance Manual (see addendum A to chapter 8). Sandra Scott Zeigler, Esq., a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP, highlights the model and shares her perspective on what federal contractors should b...