How does OFCCP review your pay data

Why Contractors (and everyone) Need to Analyze Pay Data for Discrimination

 

Recorded: February 2025

 

With the revocation of Executive Order 11246 (EO 11246) many federal contractors are uncertain what their non-discrimination compliance obligations are, especially for compensation.  The short answer is simply that, “very little has changed” as it relates to compensation. 

Although the annual AAP requirement to review your pay systems has been removed, federal contractors – and indeed most employers –still need to comply with Title VII of the Civil Rights Act, the Equal Pay Act of 1963, and state and local pay transparency and pay equity laws.

Employers who wish to manage their compensation discrimination risk exposure need to complete regular compensation analyses, but from a different lens than perhaps they were using for proactive OFCCP audit preparation. 

In this webinar, we will unpack the following topics:

  1. Relevance of existing state and federal laws related to compensation;
  2. How pay transparency intersects with proactive non-discrimination analyses;
  3. Upstream work organizations can do to stay ahead of discrimination claims such as proactive analyses of pay differences, outlier analyses, market analysis, and job analysis.

Complete the Form Below to View the Recording of this Webinar

Register Here

Thomas Carnahan - 2023 - Circle Headshot

About Thomas Carnahan

Thomas Carnahan, Ph.D is the Senior Manager of People Insights at Berkshire and is responsible for managing Berkshire’s Compensation and HR Services line of business. Thomas and his team focus on performing market analyses, preliminary analyses of pay, statistical outlier analysis, support for clients during audits or other pending/active litigation, and our proactive pay equity line of business.   

With two decades of experience in research methodology, data analysis, and HR process development, Thomas brings to Berkshire advanced-level data capabilities, and an extensive background that will serve to enhance our pay equity solutions and market study work. Thomas holds a Ph.D in Industrial/Organizational Psychology from Capella University. 

Brian Marentette Headshot

About Brian Marentette 

Brian Marentette, Ph.D. is the Director of People Insight at Berkshire. He specializes in research and statistical methods related to equal employment opportunity compliance in employee hiring, promotion, termination, and compensation decisions in high-stakes settings. Over the last 16+ years, he has consulted to organizations with national and global footprints in some of the most high-stakes, litigious settings to develop and defend more than 100 personnel selection systems.

Dr. Marentette has also supported numerous organizations as they worked alongside the U.S. Department of Justice to comply with Federal consent decrees resulting from discrimination in past hiring and promotional practices. In his current role as Director of the People Insights Division, Dr. Marentette leads our personnel selection/test validation, pay equity analytics, diversity metrics, and EEO/OFCCP analytics work.


Berkshire Resecon Logo with Transparent Background

About Berkshire

Berkshire, a division of Resolution Economics, LLC, is a human resources and technology firm specializing in non-discrimination, pay equity, and workforce data analytics. With nearly 40 years of experience in the industry, Berkshire is among the most trusted names in the business.