Determining who is similarly situated is critical to the outcome of a discrimination case. The Office of Federal Contract Compliance Programs (OFCCP) has to prove its calculations are correct and based on appropriate pools for comparison. A common defense for a contractor is to challenge the construction of the pools used in the discrimination analysis.
Sandra Scott Zeigler, Esq., a recognized authority on Federal EEO enforcement with 25 years of experience divided equally between the EEOC and OFCCP, sheds light on how federal contractors should prepare and assess their data. You can also read Zeigler's article here.Government Compliance is where you'll hear hot topics about Equal Employment Opportunity, Affirmative Action Planning, and Office of Federal Contract Compliance Programs.