Employment Law Daily New OFCCP web pages contain enforcement statistics, wage disparity data
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Monday, August 14, 2017

New OFCCP web pages contain enforcement statistics, wage disparity data

By Cynthia L. Hackerott, J.D.

Providing a wealth of insight into over a decade of its enforcement activity, the OFCCP has recently added enforcement statistics and wage disparity data to its website. Under the “Resources” section of the OFCCP’s homepage are links to two new pages: “OFCCP by the Numbers” and “Earnings Disparities Data.”

By the numbers. The “OFCCP by the Numbers” page reports that, from 2009–2016, the agency has obtained more than $85.9 million in monetary relief for nearly 147,000 employees and job seekers who were allegedly discriminated against, and has secured job opportunities and salary adjustments for over 13,000 workers who allegedly suffered discrimination. The agency’s compliance reviews during that period covered facilities with a total of nearly 12.3 million workers.

This webpage also includes links to downloads of fiscal year statistical tables from FY 2007 through the third quarter of FY 2017, including:

  • Supply and Service Compliance Evaluations Conducted
  • Construction Compliance Evaluations Conducted
  • Monetary Relief Obtained (including a breakdown of pay discrimination, and systemic pay discrimination cases as well as a breakdown by protected categories of workers)
  • Complaints Received, by Basis (of the categories protected under the laws enforced by the OFCCP)
  • Complaints Received, by Employment Practice (including hiring, job assignments, promotions, demotions, terminations, segregations, layoffs and recalls, wages, seniority, harassment, job benefits, training, retaliation, and pregnancy and disability accommodations)
  • Complaint Investigation Outcomes

During the first three quarters of FY 2017, the OFCCP completed 831 supply and service compliance evaluations at facilities covering a total of 527,607 workers. Of those, 154 (18.5 percent) resulted in a conciliation agreement or consent decree. In that same period, the agency completed 84 construction contractor compliance evaluations, 64 of which (76.2 percent) were associated with the Mega Construction Project (MCP) Program. Of these 84 audits, 45 (53.6 percent) resulted in a conciliation agreement or consent decree. The agency investigated 79 complaints during that period obtaining $80,702 total monetary relief for 4 affected workers. Combining compliance evaluations and investigations of discrimination complaints, the agency obtained $10,913,694 for 7,682 affected class members.

In FY 2016, the agency completed 1,522 supply and service compliance evaluations at facilities covering a total of 1,038,542 workers. Of those, 273 (17.9 percent) resulted in a conciliation agreement or consent decree. In that same period, the agency completed 174 construction contractor compliance evaluations, 86 of which (49.4 percent) were associated with the MCP Program. Of these 174 audits, 83 (47.7 percent) resulted in a conciliation agreement or consent decree. The agency investigated 147 complaints during that period obtaining $203,933 in total monetary relief for 11 affected workers. Combining compliance evaluations and investigations of discrimination complaints, the agency obtained $ 10,547,363 for 18,362 affected class members.

Pay disparity data. Compiling information from the Census Bureau’s American Community Survey (ACS), the OFCCP’s “Earnings Disparity Data” site compares earnings disparities by sex, race, and ethnicity across states and at the national level. According to the agency, this information, based on ACS five-year estimates from 2009-2013, will provide “workers, civil rights group, worker advocates, contractors and researchers with data to identify compensation trends, promote voluntary contractor compliance, and empower workers and job seekers to advocate for equal pay.” This site features an interactive U.S. map and detailed, state-by-state breakdowns.

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