For years the OFCCP has placed a heavy emphasis on the challenging arena of systemic compensation discrimination. OFCCP analyzes compensation discrimination under the same theories it uses in the analysis of hiring discrimination. This would work better if compensation discrimination, like hiring, grew out a set of decisions made in a discreet window of time for all potential parties. For example, a hiring case is usually about all of the hiring for vacant positions in a particular job group or title that were made either during the AAP year or during the two year period of potential liability. The pool of applicants during that period represent the pool of people who are to be examined and compared in the analysis of discrimination.

Compensation discrimination takes a snapshot of the pay of everyone during a discreet period of time but the actual pay decisions that created that snapshot may have occurred over an extensive period of time and may have been influenced by a variety of factors including market factors, economic realities in the company, individual work performance, and individual pay deciders at the company. The snapshot may also have been influenced by pay decisions that occurred before the employee ever j