Forensic Economic Analysis in Employment Litigation

The Office of Federal Contract Compliance Programs’ recent gift to contractors — a program under which contractors can submit their own analyses of equal-pay compliance — might prove to be a Trojan horse. The OFCCP is asking companies to do its work for it by performing internal evaluations of equal-pay compliance. In return, the OFCCP

Employers contemplating reductions in force (RIFs) can avoid or minimize exposure to discrimination claims by conducting pre-RIF statistical audits. A comprehensive audit identifies potential vulnerability prior to a suit being filed and will help ensure that data and documentation exist showing that any disparities are the result of nondiscriminatory factors. These audits help deter discrimination