Today is the official start to the 2015 Industry Liaison Group National Conference where conference attendees will focus on “lessons from our past, strategies for our future” in the world of affirmative action and equal employment opportunity.

Marking the 50th anniversary of the signing of Executive Order 11246 OFCCP Director Patricia Shiu acknowledged in her keynote address to open the conference,

“this year is no ordinary year.”

Director Shiu’s remarks highlighted the Executive Order’s history and reminded conference attendees

“what history taught us we are wise to remember.”

Director Shiu also remarked on the accomplishment this year of the “full inclusion of LGBT into our workplace communities” and reiterated the Agency’s commitment to “keep working” on issues of inclusion and equal opportunity.

While today marked the first official day of the conference, many attendees attended pre-conference sessions yesterday. One of the highlights was the joint EEOC and OFCCP presentation on compensation. Jeff Burstein, Supervisory Trial Attorney for the EEOC Newark Office and Bob LaJeunesse, Branch Chief, Expert Services for OFCCP, co-presented on pay equity issues impacting federal contractors.

The EEOC’s section of the presentation focused on recent case developments and litigation implications of pay equity while the OFCCP’s portion provided insights and commentary on the Agency’s current approach to compensation discrimination.

Dr. LaJeunesse, who has been in his position with OFCCP for a short six months, detailed the Agency’s three-step investigative process to:

  1. Identify measureable differences in compensation,
  2. Identify if the difference is between “comparable employees”; and
  3. Assess whether there are legitimate explanations for the differences.

He discussed with nice detail the Agency’s view of “similarly situated” employees, utilizing “wage compensating differentials” that include tasks performed, qualifications or skills, effort, and working conditions.

The joint sessions concluded with both speakers fielding questions on a variety of topics, including the applicability of potential pay impacting factors like performance and prior experience.

The sessions scheduled for the remainder of the conference will continue to build upon the information shared and lessons learned from the pre-conference sessions.

Stay tuned for our updates this week as the conference continues.

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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.