Unfortunately, this may not provide adequate defense against a pay discrimination claim. A candidate who is interviewing at a company is not in a position to know how his or her desired compensation compares to those in similarly situated positions within the company. Because it is the employer who is in possession of that information, the onus is on the employer to ensure that it is paying employees in the same establishment equally for work that requires equal skill, effort, and responsibility, and is performed under similar working conditions. Differentials in pay are allowed based on seniority, merit, quantity or quality of production, or a factor other than sex, race, color, religion, national origin, age, or disability. For more information, refer to OFCCP’s Fact Sheet on Equal Pay and Compensation Discrimination.

You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.