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Is Discharge for Discussing Pay a Valid OFCCP Cause of Action?

Anonymous - April 18, 2018
Back to Ask the Experts

I am involved with a company that had an OFCCP complaint filed against them by a former HR employee. The employee had been fired for using her access to other employees’ salaries to seek a raise for herself. She accessed this information without requesting any permission from either the individual employees whose information she accessed and without the approval of her superiors. The company has been informed that they were within their rights to fire the employee due to the exception for discharging HR employees (or payroll EEs) who have access other employees’ salaries and use that access without permission or approval.

However, now the former employee has filed a retaliation complaint with the OFCCP, alleging that the company’s stated reason for firing her was just a cover and she was actually fired for discussing her pay. Her complaint has no reference to pay discrimination based on race, sex, or veteran status. Is this a valid cause of action that the OFCCP would address or provide relief for?

Thank you.

1 Answer

Our Experts

Comprised of former OFCCP directors and respected thought leaders in OFCCP compliance, affirmative action, and EEO.

Ahmed Younies

President and CEO, HR Unlimited, Inc.

Alissa Horvitz, Esq.

Member Attorney, Roffman Horvitz, PLC

Allen Hudson, PHR, SHRM-CP

CEO, HudsonMann

Angel Fischer

Angel Fischer

Bill Osterndorf

Principal Consultant, DCI Consulting Group, Inc

Carla Irwin, Esq.

President, Carla Irwin & Associates, Inc.

Craig Leen

Board Member, Circa

David Cohen

President and Founder, DCI Consulting

Ellen Shong-Bergman

Former Director, OFCCP and Retired President, Ellen Shong & Associates,

Josh Roffman, Esq.

Managing Attorney, Roffman Horvitz, PLC

Julia Mendez Achee

Senior Consultant - EEO/Affirmative Action Division, Biddle Consulting Group

Lisa Kaiser, Esq.

Lawyer, The Kaiser Law Group, PLLC

Marilynn L. Schuyler, Esq.

Senior Counsel, Seyfarth Shaw

Matt Nusbaum

Senior Consultant, Director, Biddle Consulting Group, Inc.

Roselle Rogers

Vice President, Diversity, Equity, and Inclusion, Circa

Stephanie Stahr

Senior HR Consultant, Berkshire Associates

William E. Doyle, Jr., Esq.

Former Deputy Director, OFCCP Partner, McGuireWoods LLP

Zoe Ann Whitley

Manager, Consulting Services, Affirmity

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