Should Federal contractors be proactively analyzing pay during this time of transition at OFCCP?

For more than a decade the Office of Federal Contract Compliance Programs (OFCCP) has been talking to the Federal contractor community about Pay Equity enforcement. OFCCP was giving presentations about how statistical analyses, particularly multiple regression, was going to become a part of regular audits at Industry Liaison Group (ILG) meetings around the country as early as 1999. In addition to public statements regarding pay equity analyses, the OFCCP published guidelines in 2006 explaining how the Department of Labor wanted contractors to utilize statistical analyses and how OFCCP was going to enforce their strategy to root out pay discrimination.

However, the grand strategy did not pan out as expected. Aside from a few select cases and a lot of dialogue, the OFCCP did not gain traction in compensation enforcement leading up to the Obama administration. In fact, it could easily be argued that pay equity enforcement has been non-existent in the EEO industry since the days