Three Challenges in Detecting Bias in Promotion Activity

Detecting bias in promotion activity can be challenging. From an enforcement perspective, promotion discrimination is difficult to fit into a systemic framework which makes it hard to get the “bang for the buck” enforcement OFCCP prefers. From a compliance perspective, there are the challenges of defining the promotion pools for purposes of analysis and of understanding how to measure the promotion candidates against each other. Each of these challenges is discussed below.

Aggregation Problem

OFCCP has struggled for years to find and remedy discrimination in promotions and has not met with much success. This lack of success has been due in large part to the type of data that contractors submit in response to the scheduling letter and OFCCP’s analytical app