"Attorneys Recommend Against Using," BNA's Affirmative Action Compliance Manual

Attorneys Alissa A. Horvitz and Joshua S. Roffman of Littler's Washington, D.C. office discuss the risks associated with self-analysis and advise that except in "exceptional circumstances," federal contractors should avoid doing the compensation self-analysis outlined by the Office of Federal Contract Compliance Programs in June. "Employers would be better off preparing strategic responses to OFCCP's initial request for information (paragraph 11) data," said Horvitz. "The grouping is key. Most contractors can use legitimate pay groups that get them past OFCCP's trigger test," Horvitz and Roffman told participants in a Webinar on August 1.