The “Uniform Guidelines on Employee Selection Procedures,” which are codified in regulations enforced by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) at 41 CFR § 60-3, require federal contractors to monitor their employment selection decisions for potential “disparate impact” discrimination by conducting IRAs.
In addition, federal contractors are required to submit this information to OFCCP during the course of a compliance evaluation. For years, OFCCP has focused its enforcement efforts on finding evidence of systemic, class-wide discrimination, which often is based largely — if not exclusively — on IRA results, typically conducted by AAP job group. As a result, most federal contractors model their initial or “top-line” analyses accordingly.
NT Lakis staff is pleased to present the following guide on what to do when your top-line IRA returns a “hot” result. Using familiar statistical tools, we focus on analyses of the hiring process, although the general concepts discussed can be applied to an analysis of any type of employment selection decision.
Please note that our guide is not intended to provide legal advice. Contractors considering a challenge to an OFCCP finding of selection discrimination based on statistical evidence should consult with legal counsel before acting.
Members of the Equal Employment Advisory Council (EEAC) can read more here.