The final day of the 2021 NILG National Conference ended on a high note with presentations from, and panel discussions with, OFCCP Regional Directors Melissa Speer (SWARM), Aida Collins (SE), Michele Hodge (MidAtlantic) and Diana Sen (NE).  The four women represented the six OFCCP regions, speaking on behalf of Jane Suhr (Pacific) and Carmen Navarro (Midwest), who could not be in attendance.

Each Director shared statistics and highlights from their region, and those they were speaking on behalf of, from FY2020 and 2021 to-date.

Not surprisingly, the settlement numbers show an increase in pay discrimination settlements – which is reflective of the Agency’s focus on compensation discrimination.

Each of the Directors separately remarked on the value and benefit of early resolution in audits.  Noting there are benefits for both parties, Director Sen shared her belief that

the earlier the resolution the better

because it allows OFCCP to preserve resources and allows companies to tailor the remedy.

In response to a direct question as to the future of early resolution in the new administration, each Director confirmed early resolution is still available and noted it should occur during the beginning phases of the review.  The success of early resolution before the issuance of a Pre-Determination Notice (PDN) or Notice of Violation was reiterated throughout the session.

Reading from notes provided by Jane Suhr for the Pacific Region, Director Sen noted the Pacific Region has been successful in early resolution in multi-establishment reviews with corporate-wide conciliation agreements.  To this point, in her remarks Aida Collins highlighted the fact that

OFCCP does not operate in silos

and that there is inter-regional sharing of information within the Agency.

The panel also touched a bit on scheduling of new audits.  Melissa Speer shared the SWARM region schedules audits regionally out of the Dallas office (as opposed to at the District level) and for contractors with multiple establishments within SWARM, she is trying to schedule them out of the same District office as she believes there is “benefits for both sides” in doing so.   Diana Sen noted the Northeast Region will likely begin scheduling off of the most recent CSAL in mid-August (45 days after the list was published) as the region has only a few audits left to be scheduled from the previous list.

In the last moments of the session, the panel shared examples of the “good” things they’ve seen from contractors and recommendations to experience shorter and quicker audits.  Examples of “the good” included detailed STEM program collaboration at local schools, C-Suite communications regarding an organization’s commitment to EEO and participation in Employee Resource Groups (ERGs).

The collective words of wisdom for shortening the duration of an audit is to “be prepared.”  And in the eyes of the Regional Directors “being prepared” can range from reviewing the CSAL list to see if your organization has been selected for upcoming audit, to pulling down the scheduling letter template to start gathering the information need for submission, or even as Michele Hodge suggested for companies to

run [your analyses] as OFCCP will run it so you are not surprised.

The Regional Directors shared a wealth of information and insights with conference attendees and it was a great way to end the conference.  We looking forward to doing it all again in 2022!  Until then, be well and take care of yourself and each other.

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.