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This smooth, creamy fruit has taken the brunch world by storm. But there's plenty more ways to enjoy avocado than just on sourdough toast. From spicing up staple sides to adding some extra greenery on your favourite salads, our recipes will make you see avocados in a whole new light.… Read more
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- 1 night
1 Room, 1 Guest
HomeHotelsGaoyou HotelsBosideng International Hotel
Bosideng International Hotel
Select room
See all 284 photos
Hotel Reviews
Delicious breakfast, Located in the city centre
5,028 reviews
Wi-Fi in public areas
Non-smoking floor
Front desk (24 hours)
Hotel Location
- YangzhouTaizhou Airport58.49 km
- Jiangdu Railway Station55.35 km
- Yangzhou Railway Station73.66 km
- Urban area2.56 km
- City centre970 m
View Map
- 1 night
1 Room, 1 Guest
Hotel Description
- Opened: 2016
- Number of Rooms: 251
The Bosideng International Hotel provides a great place for travelers to relax after a busy day. Visitors to Gaoyou will find that the Bosideng International Hotel is a fantastic accommodation choice. Jiangdu Railway Station is located approximately 55km away while YangzhouTaizhou Airport is 58km away. The nearby area boasts an abundance of attractions including Wenyu Tai (Wenyu Platform), Gaoyoudieyuan Square and Zhenguo Temple. When guests have some time on their hands they can make use of the onsite facilities. This Gaoyou hotel features parking on site. There's never a dull moment at this hotel, our guests indicate that the facilities are excellent. Perfect for those working on the move, this hotel caters to a large number of business guests.
Services & Amenities
Most Popular Amenities
Wi-Fi in public areasFreeRestaurantCaféNon-smoking floorFront desk (24 hours)Wake-up callFitness centreSpaMassageIndoor swimming poolSaunaLuggage storageMeeting roomsMultimedia systemBabysittingTeahouseFunction roomBusiness centreExecutive floorATM
Fitness centre
Indoor swimming pool
Meeting rooms
Function room
- Wi-Fi in public areasFree
Front Desk Services
- Porter
- Luggage storage
- Front desk safe
- Taxi booking
- Concierge service
- Attraction ticket service
- Wake-up call
- Front desk (24 hours)
- Doorman
- Tourist mapFree
- Postal service
- One-time billing
Food & Drink
- Restaurant
- Café
- Room service
- Elevator
- Executive floor
- Lobby bar
- PA system
- Newspapers (in lobby)Free
- Non-smoking floor
- CCTV in public areas
Business Services
- Meeting rooms
- Business centre
- Multimedia system
- Function room
- Butler service
- Wedding service
- Dry cleaning
- Security staff
Cleaning Services
- Ironing service
- Room cleaning: Daily
- Towels changed: Daily
- Toothbrush set changed: Daily
- Sheets changed: Daily
- Laundry service
- Indoor swimming pool
- Mahjong/chess/poker room
- Teahouse
Health & Wellness
- Fitness centre
- Sauna
- Spa
- Massage
Kid's Facilities
- Babysitting
- Toys
- Toothbrush
- Bathrobe
- Slippers
Public Area
- Lobby lounge
- Gift shop
Additional Facilities
- Fire alarm
- Security system
- Fire extinguisher
Hotel Policy
Check-in and Check-out
- Check-in from 14:00
- Check-out before 12:00
Children and Extra Beds
Children are welcome at this hotel.
For each room, 1 child 17 years old and under can use existing beds.
Cribs cannot be added
Max. 1 extra bed per room.
- Children 17 years and underBreakfastNot includedFeeCNY200.00 (approx. £22.71) per person per night
Children aged under 18 years old must be accompanied by a legal guardian.
- MenuBuffet
- FeeCNY68.00 (≈ £7.72) /person
- Parking is available (free).
No pets allowed.
Paying at the Hotel
The following payment methods are accepted by the hotel
Haven't found the right hotel yet?
24/7 Customer Support
We're here to help whenever you need us
Over 400 Million Members
4-star rating on Trustpilot
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By kind permission of: Committee of Exmouth Rugby Club
Site: Exmouth Rugby Club
Rally Start Date: 3rd July 2020 Rally Start Time: Midday
Rally Finishing Date: 19th July 2020 Off Site By: Midday
From M5 Junction 30 follow signs for Exmouth on A376, at second set of traffic lights keep in right lane and follow D & C Signs
A boat trip will take place on Tuesday 14th July. Limited spaces available. (extra cost)
An organised land train ride. (extra cost)
An Afternoon Fete. A window competition & quiz evening. A guided walk with stewards.
Weather permitting..
A walking treasurer hunt. There's also Live Entertainment in the Railway Club, plus local bingos at various locations around Exmouth and various places with free live music. Lots to see and do.
Rally Steward: Michelle and Dave Stuttaford
Email: email@example.com
Mob: 0781 369 6670
Assistant Steward: Terry & Lin Glanfield
Tel: 0781 103 8757
John & Pam Mower
Rally Fee: £1.00 + vat
Admin Fee: £5.00 + vat
Site Fee: Unpowered pitch : £ 9.00 + vat per night
Deposit (non-refundable): £10.00 per week
Social Charge: £9.00 per person —per week + vat.
Relevant Information:
Minimum of 7 nights first week apply on this holiday rally. Please remember entering and leaving the site. Please LISTEN to the stewards as the site entrance is narrow and you will be guided in as safely as possible. However it is at your own risk!!!
Contact Michelle Stuttaford to book onto this Holiday Rally


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Brighton Beach or 'the friendly suburb' as it's sometimes known, is one of 7 suburbs located on Durban's iconic land feature, the Bluff. This geographical feature is actually 2 massive sand dunes which represent an important aspect of Durban's (and KwaZulu Natal's) coastal ecology. Brighton Beach's location on the Bluff makes it a convenient one, close to the Durban CBD to the north and the airport and industrial suburbs to the south. In short it's suitable for both holiday and business travellers.
Brighton Beach is one of 2 main beaches on the Bluff (along with Anstey's). Like all of Durban's beaches, the warm Indian Ocean combined with Durban's subtropical climate of hot summers and mild winters, makes it an inviting place to hang out all year round. Those who do spend time on the beach will enjoy the holiday atmosphere, especially in summer when hordes of carefree sun worshippers head down there on the weekends.
There is a tidal pool to frolic in, and swimming at the beach is safe thanks to the combination of alert lifeguards and shark nets. Nearby there are surf spots too, including the famous 'Cave Rock'. Fishing is another activity to sink your teeth into while at Brighton Beach.
One of the distinctive features of the Bluff, which forms the southern quayside of Durban harbour, is the wetland. This eco-system on Brighton Beach's door-step is brimming with birdlife, making it a must-visit for visiting bird fanatics.
Another type of fanatic is also accommodated on the Bluff - golfers. The Bluff National Park Golf Club incorporates part of the wetland, providing golfers with an interesting nature-centric experience.
Brighton Beach, lying right on the coast, is renowned for its sea life and if you find yourself staying there, you would be shooting yourself in the foot not to start or end your day with a stroll on the beach, keeping an eye out for dolphins or whales.
vanaf R700 PP
69 Strand offers you a sensational break away, overlooking the tranquil Indian Ocean. Our three fully-equipped self-catering units are located in the Brighton Beach suburb of the Bluff, which is a mer... Lees meer
vanaf R1300* Eenheid
Brighton Beach is the most unspoilt natural beach in the Durban environs, being situated in a nature conservancy on the Bluff.
.Stay in Durban South - The beach cottage is located only 20 minutes... Lees meer
vanaf R425* Eenheid
Spacious 3 bedroom "Seashore" home, sea facing, fully furnished self-catering with a private garden overlooking the ocean. Enclosed verandah upstairs with sea views and one bed .
Main bedroom has 3 ... Lees meer
vanaf R1400* Eenheid
Enjoy accommodation along Durban shoreline beside the Indian Ocean, uninterrupted sea views.
Whether for work or a break from home, you'll find accommodation at ANNEX The White House (SeaSide) a comf... Lees meer
We found some more establishments that you may be interested in. These establishments may not match the accommodation type or location that you requested.
vanaf R525* Eenheid
.Self catering fully furnished flat
.Sleeps 4, 2 adults and up to 3 children.
.Close to Anstey's and Brighton beach.
.Overlooking golf course
1.2km from... Lees meer
vanaf R90 PP
Book your next holiday, business trip, conference or function at the Eco Park and relax in our natural, tranquil and peaceful environment that includes over 75 species of birds, banded mongoose, genet... Lees meer
vanaf R300 PP
"Dear guest:
We are glad to inform you of the recent exterior paintwork renovations of No 38 during the month of May 2018. We look forward to showing you our new look from the middle of May on... Lees meer
Welcome to Lisa's Guesthouse, affordable self catering accommodation situated right on one of Durban's finest beaches.
Thank you for taking the time to take a tour of our beachfront guesthouse and ... Lees meer
vanaf R450 PP
Welcome to Silver Tides
Silver Tides offers Self Catering accommodation for the holiday maker or visiting business executive. Enjoy warm hospitality and comfortable accommodation; we are ideally s... Lees meer
vanaf R200 PP
Perfect place on the beach to relax and forget about life's daily stresses! Long established popular establishment 15 kms south of Durban & only 50 metres from the beach. Favoured by business and leis... Lees meer
Saai u verblyf vereistes uit aan ons databasis van blyplekke
Zane Stadler het 'n bespreking ter waarde van R6985 by Camelthorn Accommodation gewen
So not only did I get a great experience from this site and the accommodation I booked, but I also got my entire stay for FREE!! Definitely getting a returning customer here! Thanks Sleeping-out!
Hoe kan u gratis verblyf wen?
Prys vergelyking
Om betekenisvolle vergelykings te lewer sal die webtuiste vergelykings maak per persoon deel of waar dit nie beskikbaar is nie, die gemiddelde prys per persoon vir 'n eenheid gebaseer op die maksimum besettingwanneer huise en villas gekies word as kriteria vir u soektog sal die daaglikse kostes waarvoor die eenheid verhuur word vir die prys vergelyking gebruik word ongeag die hoeveelheid gaste wat dit akkommodeer* Hierdie verblyf is slegs as n eenheid beskikbaar. Dit word in gesluit in die soektog omdat die prys per persoon gebaseer op die maksimum hoeveelheid gaste in dié prysklas val. Alhoewel die prys wat vertoon word die prys is vir die volle eenheid.
Brighton Beach Verblyf behaal 3.9 / 5 en is gebaseer op 19 resensies van gaste wat by Sleeping-OUT bespreek.
Brighton BeachThe place is lovely - Tshidi Gumede
Brighton BeachBrighton beach is great when planning to rent a car. No public transport to move around freely worse the beach is dangerous so unless you are an advanced swimmer, stay away. - Victoria Mashigo
Brighton BeachBrighton Beach is very quiet and great for anyone who needs to unwind or even spend quality time with loved ones. I love that I can relax and not be bothered by anyone. - Mmabatho Manyaka
Brighton BeachVery nice and quiet beach, beautiful as well. I had a great time swimming there, though most people who go there seemed to be surfers. - Ntombi Mangamelana
Brighton BeachAlways enjoy staying in that area - Natalie Bowes
Brighton BeachNice and quiet beach. Good for my running days . Even liked the backpackers eating place where we had coffee after our morning cycling rides. - Riyaaz Kriel
Brighton BeachLoved the beach and that it was so clean and well kept! Bonus - was walking distance from where we were staying - Lameez Davids
Brighton BeachBrighton Beach has both a good stretch of beach as well as a tidal pool. There are lifesavers on duty and swimmers stay within a demarcated area. Lots of fine surfing to be done, too! The change rooms and restrooms are basic. - Cobie Roelvert
Brighton BeachA very relaxed area, great for a getaway. - Felicia Nthebe
Brighton BeachEven though the weather disappointed us we tried to have fun, Brighton Beach is very nice and quiet. It is ideal for a peaceful get-away. - cornelia maluleke


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Office of Federal Contract Compliance Programs, Labor.
Notice of final rescission.
The Office of Federal Contract Compliance Programs (OFCCP) is publishing a final notice rescinding two guidance documents: The Interpreting Nondiscrimination Requirements of Executive Order 11246 with respect to Systemic Compensation Discrimination and Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance with Executive Order 11246 with respect to Systemic Compensation Discrimination. Rescinding these prior guidance documents will improve OFCCP's ability to enforce the Executive Order's ban on pay discrimination. It will eliminate a rarely used, ineffective and burdensome compliance procedure. This rescission allows OFCCP to better direct its resources for the benefit of victims of discrimination, the government, contractors, and taxpayers.
Effective February 28, 2013.
Debra A. Carr, Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW., Room N3422, Washington, DC 20210. Telephone: (202) 693-0103 (voice) or (202) 693-1337 (TTY).
The Department of Labor's OFCCP enforces Executive Order 11246, as amended, which requires Federal Government contractors and subcontractors to provide equal employment opportunity through affirmative action and nondiscrimination based on race, color, national origin, religion, and sex. Compensation discrimination is one form of discrimination prohibited by the Executive Order. In particular, federal contractors
OFCCP enforces the Executive Order's nondiscrimination provisions, including the ban on compensation discrimination, consistent with Title VII. Title VII forbids discrimination in employment, which includes paying employees differently on the basis of race, sex or other protected class membership. Congress intended for courts to read this ban broadly.
This flexibility is critical because discrimination may be difficult to identify. Pay discrimination can be easy to spot, like a clear pattern of paying women less than men in the same job, where they are just as qualified. But it can also be complex, like a practice of discriminating against African-American sales workers in handing out territory assignments—so that no matter how well they perform, they can never have the same earnings opportunities as their white counterparts. Title VII addresses all forms of compensation differences, including those that come from channeling a favored group into the better paying entry level jobs with better long-term opportunities, or where glass ceilings or other unfair promotion practices wrongly block advancement of talented workers on the basis of illegal criteria like race or gender. And even where base wages or salaries are fair, discrimination in access to overtime, or higher paying shifts, or bonuses, can add up to unequal take home pay in violation of federal civil rights law.
Further, because there is so much variation in pay practices across industries, employers and types of jobs, investigating compensation discrimination requires considering evidence and data in context, which is the approach that federal courts have embraced when interpreting Title VII. It is not possible to specify in advance a single test, model or framework that accurately and fairly identifies discriminatory pay differences in every case. Attempting to impose a uniform test for pay discrimination without accounting for case-specific facts creates opportunities for error. It means that some contractors who pay fairly will be wrongly identified as discriminating in pay, and that some workers who were underpaid due to discrimination will be left without a remedy. Investigating and addressing compensation discrimination requires a rigorous fact-based assessment of a broad array of pay practices.
Nevertheless, OFCCP has since 2006 narrowed its focus, following two guidance documents: Interpreting Nondiscrimination Requirements of Executive Order 11246 with respect to Systemic Compensation Discrimination (Standards) and the Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance with Executive Order 11246 with respect to Systemic Compensation Discrimination (Voluntary Guidelines).
The Standards and Voluntary Guidelines addressed only a single type of pay practice using limited evidence and a highly specified analytic framework. The Standards did not actually apply to or explain investigation procedures, and left many critical details undefined or subject to potential exceptions. The companion document, the Voluntary Guidelines, attempted to tell contractors exactly how to fulfill their regulatory self-monitoring obligations. Yet the Voluntary Guidelines were similarly inadequate, and contractors rarely utilized them to demonstrate compliance.
In 2010, President Obama created the National Equal Pay Task Force, bringing together the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), the Department of Justice, and the Office of Personnel Management to collectively address pay discrimination under their enforcement mandates. The Director of OFCCP, a member of the Task Force, committed OFCCP to review and revise its enforcement guidance and practices to more effectively address compensation discrimination under Executive Order 11246. OFCCP reevaluated all aspects of its existing approach to addressing compensation discrimination by federal contractors, including (1) Guidance documents, (2) procedures for conducting compliance evaluations, (3) training and best practices for investigating and addressing compensation discrimination, and (4) approaches of other federal agencies including the EEOC and the Department of Justice.
As part of this larger review and revision process, OFCCP assessed the role of the Standards and Voluntary Guidelines, concluding they were inconsistent with the Task Force's goal of improving enforcement. On January 3, 2011, OFCCP published a Notice of Proposed Rescission (NPR), proposing to rescind the Standards and the Voluntary Guidelines in their entirety, and soliciting public comment. 76 FR 62. Because neither 2006 guidance document has proved workable or effective in practice, OFCCP is rescinding both guidance documents effective immediately.
In their place, OFCCP is today committing to provide greater clarity for contractors and improve equal employment protection for workers. First, OFCCP will be applying Title VII principles as the basis for determining whether a contractor has violated the Executive Order's ban on pay discrimination, just as the agency does in assessing contractor compliance with respect to all other employment practices. Second, as explained in Section III below, OFCCP is disclosing its interpretation of specific legal and technical issues to assist contractors in evaluating their own practices and promoting greater voluntary compliance. Third, OFCCP will be providing much greater transparency on questions of investigation practices and procedures—issues the Standards did not address—both in this document as well as via ongoing compliance assistance. Collectively, this information should provide ample notice to contractors of their legal obligations as well as assist them in achieving voluntary compliance.
The 2006 Standards set forth a single, specified analytical procedure to be used for determining a violation in all systemic compensation discrimination cases, except in unusual circumstances. Under the 2006 Standards, OFCCP was to apply the same analytic framework regardless of the industry, types of jobs, issues presented, characteristics of workers, or available data. In particular, OFCCP may only establish a systemic compensation violation of the Executive Order by testing narrowly defined groupings of employees based on standards typically used in individual disparate treatment cases. 71 FR at 35127-28, 35140. Under the Standards, OFCCP must use multiple regression analysis to test for pay disparities and must have anecdotal evidence to establish a systemic compensation violation, "except in unusual cases." 71 FR at 35141. As explained above, employment discrimination comes in many forms, which is why Title VII permits a flexible case-specific approach to proof.
The Standards restrict OFCCP's ability to enforce the Executive Order's non-discrimination mandate. The Standards address a single kind of compensation disparity—pay differences among discrete pools of workers limited by job category—to the potential exclusion of other equal opportunity concerns. Pay differences arising from discrimination in job assignments, unequal access to promotional opportunities, channeling and glass ceiling issues can be obscured by the strict grouping requirements of the Standards. The Standards do not favor aggregation and place additional burdens on OFCCP where a pooled regression is used, despite the longstanding legal rule that the proper level of aggregation requires a case by case determination. The regression analysis required under the Standards is not always appropriate or feasible—other approaches may be preferable for certain cases involving very high level or specialized positions or smaller workforces, and cases involving missing or flawed data, among others. The Standards create a special rule for anecdotal evidence in compensation cases that has never been applied in other OFCCP contexts, and which is particularly burdensome for workers who frequently lack meaningful access to information about pay. Fair and effective enforcement requires tailoring the compensation investigation and analytical procedures to the facts of the case based on Title VII principles.
Similarly, the Voluntary Guidelines establish a single one-size-fits-all statistical model that contractors can elect to use in conducting the self-analysis of their pay practices required by 41 CFR 60-2.17(b)(3). As an incentive to encourage contractors to use the analytical procedures contained in the Voluntary Guidelines, OFCCP would deem a contractor, whose self-evaluation meets the procedures outlined in the Voluntary Guidelines, to be in compliance with section 60-2.17(b)(3). OFCCP would then coordinate review of the contractor's compensation practices during a compliance evaluation in the manner specified in the Voluntary Guidelines. 71 FR at 35122. In other words, contractors may provide their own analysis of pay data, based on their own determinations of how to apply the Voluntary Guidelines, and as long as it "reasonably meets" the procedures detailed in the Voluntary Guidelines, OFCCP is bound to accept it. Even if another, equally "reasonable" analytic approach would reveal systemic compensation discrimination against a protected class of workers, OFCCP would seemingly have to consider the contractor in compliance.
In addition, the Voluntary Guidelines provide little practical benefit. As the comments discussed below demonstrate, few contractors rely on this model for purposes of a compliance evaluation. This assessment is consistent with OFCCP's own experience since 2006, that "contractors have rarely utilized the analytical
Non-discrimination in pay is a critical issue for workers and their families, and a cornerstone of OFCCP's equal employment protections. As detailed in the NPR, identifying and remedying compensation discrimination has long been an important goal of OFCCP compliance efforts. 76 FR at 62. The Executive Order and the implementing regulations specifically require contractors to ensure pay equity. They place federal contractors under affirmative duties to maintain data, conduct internal reviews and monitor pay practices for potential discrimination, and comply with the Executive Order's ban on discrimination in the paying of wages, salaries, and other forms of compensation. Sec. 202 of E.O. 11246, as amended, 41 CFR 60-1.12; 60-1.4; 60-2.17(b)-(d). Nevertheless, Bureau of Labor Statistics data and numerous research studies indicate that disparities in compensation on the basis of sex and race continue to exist,
The Standards and Voluntary Guidelines may also lead OFCCP to enforcement approaches that are inconsistent with how other federal agencies address pay discrimination. OFCCP is presently working to harmonize its approach with that of other federal enforcement agencies, including the Department of Justice and the EEOC. Neither restricts its analytic and evidentiary framework to a single approach. Along with OFCCP, these agencies have committed to vigorous enforcement of federal non-discrimination mandates. Through this rescission, OFCCP seeks to provide workers the full protection of Title VII anti-discrimination provisions and ensure consistent enforcement in its review of contractor compensation practices.
Finally, by setting special analytical procedures restricting what constitutes proof of discrimination for a particular employment practice, the Standards and Voluntary Guidelines depart from OFCCP's approach to evaluating contractor compliance in other areas. There are no comparable Standards or Voluntary Guidelines for systemic discrimination in hiring, promotion, termination or other employment practices. In those other areas, Title VII principles have proved more than adequate to put contractors on notice of their obligation, to promote voluntary compliance measures, and to define the parameters of a violation. OFCCP has traditionally focused on identifying discrimination through the development of a variety of investigative and analytical tools. Compensation should be no exception.
After considering the comments received, OFCCP concludes that rescinding these prior guidance documents will improve OFCCP's ability to enforce the Executive Order ban on pay discrimination. It will eliminate a rarely used, ineffective and burdensome compliance procedure. This rescission allows OFCCP to direct its resources more efficiently—for the benefit of victims of discrimination, the government, contractors, and taxpayers. These Standards and Voluntary Guidelines have not been useful tools in combating compensation discrimination. OFCCP can better achieve the objectives of the Executive Order—including non-discrimination in pay for the federal contractor workforce—through other methods of investigation and analysis.
Nevertheless, OFCCP takes seriously its obligation to support contractors seeking to comply voluntarily, and wishes to promote transparency and fairness regarding OFCCP practices. The agency will be providing as much clarity as possible regarding its application and interpretation of important legal, factual and technical issues in assessing systemic compensation discrimination, both in this document (
OFCCP received 22 comments on the NPR from the following: employer associations; employee and other women's and workers' rights associations; named employers, including consultants and law firms focused on employment and personnel practices; a comment from a group of 40 statisticians, economists, sociologists, and psychologists (Social Science Researchers); and one individual comment. OFCCP has considered all of the comments received. Of the 22 comments, ten support the proposed rescission of both the Standards and Voluntary Guidelines, five oppose the proposed rescission of the Standards, and three oppose the proposed rescission of the Voluntary Guidelines—with one comment that recommends partial rescission of the Voluntary Guidelines. The remaining comments do not clearly state a position, but instead comment on particular issues.
With regard to the Standards, comments addressed the following issues: (1) The framework under the Standards for determining the proper comparison groups for analysis; (2) the mandate of the Standards to use multiple regression analysis; (3) the mandate of the Standards that OFCCP have anecdotal evidence; (4) the OFCCP proposal to rely on multiple investigative and analytical methods to address compensation discrimination issues; and (5) cost to contractors should the Standards be rescinded.
With regard to the Voluntary Guidelines, comments addressed the following issues: (1) Whether the Voluntary Guidelines are effective; (2) substantive limitations of the Voluntary Guidelines; and (3) cost to contractors should the Voluntary Guidelines be rescinded.
The Standards prescribe procedures that limit OFCCP's ability to determine when a contractor has violated the Executive Order. They restrict permissible evidence and require one form of proof of potential systemic compensation discrimination, except in unusual circumstances. These restrictions govern how to group employees for analysis, the use of multiple regression analysis to decide whether wage differences are discriminatory, and the requirement for anecdotal evidence of compensation discrimination except in unusual cases. These procedures are to be followed regardless of the facts of a particular case.
Under the Standards, OFCCP can generally only establish a systemic compensation violation where there are statistically significant pay disparities comparing highly specified groups of workers. In particular, OFCCP is to begin by establishing groups of "similarly situated" workers on the basis of the positions they hold, and then to test for pay differences only among those workers within each separate group.
Nearly half of the commenters addressed how the Standards require OFCCP to compare workers for purposes of analysis. Two commenters specifically identified concerns with the definition of "similarly situated employees" or the requirement to group workers a specific way—calling it "overly stringent," "problematic and easily misinterpreted," and inconsistent with "professional best practices." Two commenters explicitly supported the appropriateness of comparing similarly situated employees as described and defined by the Standards on legal grounds.
The commenters supporting rescission raised several specific problems with this aspect of the Standards. A women's rights group pointed out a technical problem with performing separate analysis on each group of similarly situated workers. Especially if these groups are small, the analysis may be "underpowered"—and therefore unable to accurately detect discrimination when it exists. Another women's rights group expressed concern that the basis for grouping under the Standards could incorporate discrimination. The Standards define similarly situated employees based on position qualifications, even though qualifications can be illegal barriers where they operate to exclude a protected class from the job. The Social Science Researchers noted that a determination of how to group employees for analysis must be made based on the particular facts and circumstances, Title VII principles, and professional best practices. Multiple commenters pointed out that compensation discrimination takes many forms, and that the OFCCP's analysis should be flexible enough to address all pay issues that may exist in a contractor's workforce.
Commenters supporting the Standards on this point largely relied on the view of applicable law underpinning the Standards themselves. For example, one management law firm referred to the Title VII cases cited in the original
OFCCP has concluded that this aspect of the Standards is overly narrow and creates both technical and substantive barriers to effective enforcement. The legal analysis OFCCP used to support its adoption of the Standards in 2006 did not explicitly discuss the most common approaches for proving systemic discrimination.
The Standards inadequately rely on an inquiry relevant to individual disparate treatment cases to evaluate
Virtually all of the cases OFCCP used to support the Standards focus on how to prove individual instances of pay discrimination.
Proof in systemic disparate treatment cases can go beyond the single scenario of the Standards. Rather than asking whether an employer intentionally discriminated against a specific person, systemic cases ask whether there is a pattern or practice of unequal treatment of a protected class. Plaintiffs must show that discrimination in the workplace manifests as the company's "standard operating procedure."
In a pattern or practice case of compensation discrimination (or any other type of discrimination) relying on statistical evidence, courts permit a wide range of approaches—evaluating each model based on the facts of the case. Proof frequently turns on the results of a statistical analysis of the compensation paid to a protected class, with controls used to ensure comparison of similarly situated employees and accounting for potentially non-discriminatory explanations for statistical disparities. However, there are no hard and fast rules regarding how to group workers, what controls to use, or how to analyze the pay practices at issue. For example, in
Courts consistently hold that there is no single correct model or set of factors that must be included in a regression analysis.
By setting limits on how OFCCP tests for pay differences, and by grounding those limits in job similarity, the Standards make it much harder to detect certain forms of pay discrimination. Where an employer discriminates by channeling workers of a particular race or sex into lower paying jobs, by a glass ceiling preventing advancement, or other promotion or job assignment practices, it may be highly inappropriate to use job similarity as the basis for analysis.
Removing the arbitrary restrictions of the Standards will also align OFCCP practice with the EEOC. The EEOC's Compliance Manual rejects the idea that there is one way to prove compensation discrimination, and distinguishes between individual and systemic approaches. The EEOC's Compliance Manual is careful to point out that its approach to disparate treatment analysis is "not intended as an exclusive method" (subsection 10-III.A). And, with respect to using statistics, the Compliance Manual states that "[t]he decision about whether and how to use statistics to aid in investigation should be made on a case by case basis" (subsection 10-III.A.3).
In addition to the substantive questions about how to group employees, the Standards attempt to dictate the level of aggregation—traditionally a case-specific inquiry. For example, in
Under the Standards, OFCCP generally is to perform a separate regression analysis for each of the defined groups of employees holding similar jobs. While the Standards leave open the option of an aggregate analysis, that approach is not preferred and subject to specific technical limitations.
Proof of discrimination under the Executive Order and Title VII requires evidence sufficient to support a conclusion that discrimination motivated the decision or that an identified employment practice has an adverse impact on a protected class. That evidence can take many forms. What the appropriate comparison groups are depends on the pay practices at issue, the available data, types of workers, and other case-specific factors. It may be important to test for unjustified differences within a set of workers who are similar on the basis of job, but it may be important to consider other approaches. OFCCP will take a more proactive and rigorous approach to analyzing pay differences that does not place unnecessary barriers in the way of effective enforcement or hinder its ability to protect workers from discrimination.
Most commenters discussed the use of regression analysis as directed by the Standards. Eight of the seventeen agree with OFCCP that the agency should not formally restrict its analytic method to multiple regression analysis.
The commenters supporting rescission generally stated that multiple regression is often the appropriate tool, but they also agreed that OFCCP should retain the flexibility to consider all possible evidence of discrimination. The Social Science Researchers concluded that "OFCCP * * * should utilize this mode of analysis [regression analysis] in investigating possible compensation where it is feasible and appropriate to do so." A women's rights group noted that while multiple regression is a "powerful, versatile method of estimation * * * it is not the ideal means for examining every analytical problem, particularly when working with small samples." Commenters explained that using regression analysis may not be appropriate especially where data or sample size limitations could bias the results or where the underlying technical assumptions necessary to support regression analysis cannot be met. A women's rights group and a civil rights group both noted that OFCCP does not require a regression analysis during the investigatory phase of other types of discrimination cases.
Commenters opposing rescission largely agreed that Title VII does not require regression analysis in all cases;
Using a single analytic method to identify compensation discrimination is inconsistent with Title VII's mandate and evidentiary principles.
Social science principles require choosing a method and a model based on the research question and available data;
OFCCP has found that the use of multiple regression analysis may be appropriate in some cases and not others. Even in the narrowed context of examining systemic compensation discrimination, its application has limitations. In smaller workplaces, in reviews involving high level or very specialized positions, or in cases where important data are unavailable or unreliable, it may be difficult to identify patterns of discrimination by a single analytic method or type of evidence. OFCCP has not abandoned the use of multiple regression analysis and will continue to use this type of analysis to examine compensation issues where it is feasible and appropriate to do so. Section II.A.4 and Section III discuss more specifically how OFCCP intends to approach the choice of analysis going forward.
More than half of the commenters addressed the requirement that OFCCP obtain anecdotal evidence to support the issuance of a Notice of Violation (NOV). A majority of these commenters agreed that OFCCP should not specifically require anecdotal evidence to support the issuance of an NOV. The remainder opposed changing the current treatment of anecdotal evidence under the Standards.
Commenters in favor of eliminating this requirement relied on legal and practical considerations. They noted that courts have permitted discrimination cases to go forward without anecdotal evidence. They also stated that anecdotal evidence is much harder to obtain in cases of compensation discrimination because victims are either unaware of the compensation other employees receive or they are expressly prohibited from gaining such information. One women's rights group cited an Institute for Women's Policy Research survey of private and public sector employees in which 50% of respondents and 61% of private sector employees reported that discussing pay was prohibited or discouraged in the workplace.
Commenters in favor of keeping the requirement based their position on either a legal argument or on the view that such a rule places no real burden on the agency. These commenters state that OFCCP is not under a formal restriction, citing to language in the Standards that indicates "[t]here may be cases in which the statistical analysis is so compelling that an allegation of systemic discrimination is warranted even in the absence of anecdotal evidence of compensation discrimination." 71 FR at 35134. They go on to state that it is common in Title VII cases to provide anecdotal evidence to bring "the cold numbers convincingly to life," as the Supreme Court described in the
OFCCP concludes that the mandate regarding anecdotal evidence operates as a real barrier to enforcement and should be rescinded. Identifying individuals harmed by pay discrimination is particularly difficult.
Further, Title VII does not dictate the use of anecdotal evidence in all systemic cases. As the Supreme Court has explained, statistics may at times be "the only avenue of proof" available "to uncover clandestine and covert discrimination."
Although the Standards do allow OFCCP to proceed without anecdotal evidence in certain circumstances, OFCCP finds this exception to the requirement to be too narrow. No anecdotal evidence should be required for any type of case, much less for a compensation case where it may be extremely difficult or impossible to obtain. Regardless, OFCCP will continue to actively seek anecdotal evidence during its investigations. The agency will evaluate all available evidence—statistical and anecdotal—before making a determination regarding contractor compliance.
The NPR states that OFCCP will continue to adhere to the principles of Title VII in investigating compensation discrimination and will reinstitute flexibility in its use of investigative approaches and tools. Generally, the commenters, whether supporting or opposing rescission of the Standards, acknowledged that multiple investigative and analytical methods for addressing potential compensation discrimination may be used by OFCCP.
A number of commenters expressed support for OFCCP's position in this regard. Specifically, a women's rights group stated that, "[i]t is critical for OFCCP to have a full complement of investigative tools and strategies at its disposal to be used at the various stages of the investigation and litigation process." A civil rights organization stated, "OFCCP must be permitted to exercise discretion to investigate compensation cases in the same manner that it exercises discretion in other types of cases." The Social Science Researchers noted that OFCCP should be able to choose an analytic method based on factors such as sample size, data availability, or other circumstances.
Some commenters, opposing rescission of the Standards, raised two concerns with the statement that OFCCP will reinstitute flexibility in its use of investigative and analytical tools as it relates to compensation discrimination. These commenters expressed concern that this would result in inconsistent enforcement and a lack of guidance for contractors. A comment signed by various human resources organizations and a law firm stated that "a contractor has a right to know the standards by which it is being judged." Further it urges that "a rescission of the Standards without new standards in place would be damaging to both the spirit and enforcement of equal employment opportunity." Additionally, this commenter challenged OFCCP's statement that it adheres to Title VII principles and asserts that "OFCCP's interpretation of Title VII principles in the proposed rescission is not consistent with the legal standards established in case law * * *." An employers' association noted agreement with OFCCP's statement that compensation investigations and analytical procedures should be tailored to the facts of the case based upon Title VII principles. However, this commenter also expressed concern that flexibility in OFCCP's use of investigative approaches and tools would result in "inconsistency and confusion." A comment submitted by a law firm offered that, if "* * * OFCCP believes other methodologies may be appropriate for identifying systemic compensation discrimination under other circumstances, the Standards should be modified appropriately, but not discarded all together."
These comments involving potential inconsistency and undue flexibility raised one specific past OFCCP practice that involves the so-called "pay grade theory." This method made a comparison of average pay differences using a particular employer's pay grade, salary band or similar system to draw conclusions about pay discrimination. The method made assumptions that workers in the same pay grade were by definition similarly situated. 71 FR 35136-37. The Notice adopting the Standards explicitly grounded the need for the Standards on the view that this approach was legally untenable. 71 FR 35125-26. Because concerns about the pay grade model animated the original Standards, multiple commenters expressed alarm that this rescission means a return to the prior model.
That is not OFCCP's intent in rescinding the Standards. On the contrary, both approaches suffer from the same flaw. The Standards simply replaced one across-the-board framework with another. Neither permits careful case-specific consideration of the pay practices and workers at issue and the available data and evidence. OFCCP does not view employer pay grades as per se evidence of similarity; rather they are one possible relevant factor among many others. However, OFCCP also has determined that it was a vast overcorrection to address the potential pitfalls of the "pay grade" theory by requiring multiple regression analysis in all cases, or looking to only the narrowest possible comparisons of workers.
OFCCP does not believe that increased flexibility necessarily leads to greater inconsistency, and is committed to ensuring that it does not. Flexibility is needed to allow OFCCP to adapt its approach to the uniqueness of a given case within the framework of Title VII case law. Flexibility also ensures that OFCCP's methodology reflects new legal developments, new analytic practices, and new workplace practices, as well as the relevant nuances of the contractor's workforce and practices. The use of more than one approach to investigate and analyze compensation issues is necessary because of the complexities of these types of investigations. The particular tool, or combination of tools, depends upon the facts of a specific case, and includes consulting with labor economists and other experts, as appropriate.
Further, OFCCP is committed to ensuring consistency in conducting its compliance activities. OFCCP adheres to Title VII principles in developing and applying its compliance policies and procedures. The OFCCP FCCM, directives, and staff training provide necessary guidance to prepare compliance officers to address compensation issues. These tools, used in conformance with the applicable regulations, provide the structure within which compliance officers operate. OFCCP has begun updating materials and implementing a comprehensive training program to ensure that its staff investigate pay discrimination effectively, rigorously, and fairly, consistent with prevailing law and the policy goals animating the Executive Order. In addition, OFCCP will be conducting regular quality audits of its compensation investigations.
Because of the requests from the contractor community for more transparency on OFCCP's procedures for reviewing compensation practices, the agency commits to take specific steps to support future compliance assistance in this area. First, Section III below sets out some specific details regarding how OFCCP intends to apply Title VII principles in the context of its investigations. Second, OFCCP will
A few commenters raised concerns regarding the cost to contractors if the Standards are rescinded, stating that without the Standards in place, contractors will incur unwarranted costs in their attempts to be in compliance. A management law firm noted, "[c]ompensation analysis is not only nuanced and complex, but it also is costly. If contractors are required to navigate the nuance and complexity and absorb these costs, they are at least entitled to transparency in the standards they should use, as well as those OFCCP will use, when doing so." The commenter recommended that "retaining and modifying the Voluntary [sic] Standards and Guidelines to reflect improvements would be one way to do this." Simply modifying the existing guidance is not a viable option. OFCCP has not traditionally developed special procedural rules for a single employment practice, instead using directives and other internal guidance to the field. That approach allows the agency sufficient flexibility to respond to changes in case law or the workplace.
For contractors already taking their compliance obligations seriously, the rescission should have little impact on cost. Existing regulations mandate that contractors engage in regular and proactive review of their compensation practices and pay data. Regardless of whether the Standards addressed the full range of potentially discriminatory pay practices, contractors have an independent legal obligation not to discriminate and have affirmatively committed to practice equal employment opportunity as a condition of the privilege of federal contracting. OFCCP is aligning its enforcement procedures with the scope of illegal pay discrimination under Title VII, and ensuring that workers and their families do not bear the cost of unfair discrimination. Further, OFCCP has committed to providing the requested transparency to alleviate potential concerns regarding unnecessary costs as a result of the rescission.
In OFCCP's experience, contractors rarely use the Voluntary Guidelines to demonstrate their compliance with the Executive Order. Multiple commenters agreed with OFCCP's assessment, noting that fact warranted rescission of the Voluntary Guidelines. According to an organization of businesses, the Voluntary Guidelines have "limited utility and significant burden" and should therefore be rescinded. A consulting group, while identifying potential benefits of the Standards and Voluntary Guidelines, noted that based on their experience conducting "pro-active compensation reviews for federal contractors," pay discrimination continues to be a problem. They observed that "the majority of the contractor community did not (unfortunately) go along with the spirit and letter" of the 2006 guidance.
However, other commenters asserted that contractors have in fact used the Voluntary Guidelines—although not for the intended purpose of OFCCP compliance reviews. These comments stated that contractors use the Voluntary Guidelines for internal self-evaluation purposes without taking advantage of the "compliance coordination incentive option." In the experience of these commenters, contractors perform their compensation analysis under attorney-client privilege and wish to protect it from disclosure. A comment signed by various human resources organizations and a law firm cited two surveys it conducted (with 113 contractors and 33 compensation "experts" responding), which found that 61.3% of the contractors surveyed used the Voluntary Guidelines. This commenter notes that "OFCCP may be confusing a contractor's use of the [Voluntary] Guidelines with contractor's use of the Compliance Coordination Incentive Option (
While it may be true that some contractors privately use the Voluntary Guidelines to predict how OFCCP will evaluate their compliance under the Standards, contractors rarely use them in their interactions with OFCCP. As previously mentioned, OFCCP intends to engage in active compliance assistance regarding compensation analysis. This assistance, as well as the discussion at Section III, below, will provide contractors with notice about how the agency intends to approach investigations of compensation issues and support voluntary compliance activity.
Importantly, even in the absence of the Voluntary Guidelines or some similar explicit instructions for performing pay audits, contractors remain independently obligated to conduct self-evaluations of their compensation practices as required by 41 CFR 60-2.17(b)(3). They are independently obligated to refrain from pay discrimination in violation of the Executive Order and Title VII, so self-monitoring would be prudent even if not required. In addition to the OFCCP, they are subject to potential enforcement actions by the EEOC or Department of Justice or litigation from private plaintiffs. There is no basis to conclude that the Voluntary Guidelines' purely voluntary, rarely utilized and potentially burdensome procedure is the only available mechanism for self-evaluation.
In addition to the failure of contractors to use the Voluntary Guidelines, OFCCP in the NPR discussed substantive problems with how the Voluntary Guidelines evaluated potential pay discrimination. A majority of commenters addressed the substantive approach of the Voluntary Guidelines. Over half of those commenters agreed with OFCCP's assessment that the analytical model detailed in the Voluntary Guidelines has not been an effective enforcement strategy, while the remainder defended the approach under the Voluntary Guidelines.
Some commenters noted similar legal and practical deficiencies between the substantive framework of the Voluntary Guidelines and that of the Standards, such as overly narrow groupings and analytic requirements. Several commenters noted the problems with deferring to a contractor analysis of pay, especially where that was not the approach for investigating other types of employment practices.
Other commenters opposed OFCCP's position. A consulting group states that the Voluntary Guidelines are "technically rigorous and sound in
Just like the Standards, the Voluntary Guidelines favor a highly limited analysis that may fail to uncover discrimination in pay. The problems with the proposed analytic groupings are the same for the Standards and the Guidelines—as explained in Section II.A., they are overly narrow, inconsistent with Title VII principles and fail to address the variety of potential types of pay discrimination. These limits are magnified by the fact that the Voluntary Guidelines establish specific numerical thresholds to define statistical coverage, group size, and application of regression analysis. The Voluntary Guidelines define those limits across the board, in advance, and without any other information about the pay practices at issue, the types of workers, the number of explanatory factors, or the quantity or reliability of the available data. That one-size-fits-all approach lacks analytic rigor and legal foundation. It is unlikely to be effective at distinguishing between contractors who are in compliance with the Executive Order and those who are not. And it is therefore unlikely to be a useful or appropriate self-evaluation tool.
The Voluntary Guidelines were always optional, but as an officially recommended OFCCP method, these substantive limitations become particularly problematic. Contractors assumed, even if they did not use the Voluntary Guidelines for compliance coordination, that following their dictates would guard against any charges of discrimination in pay. By discouraging any broader examination of pay disparities, the Voluntary Guidelines created a false promise of compliance serving neither the interests of contractors nor of workers.
There is an additional problem specific to the Voluntary Guidelines—the compliance coordination procedure itself. Although rarely used, it is still in conflict with the OFCCP's goal of fully addressing pay discrimination in the contractor workforce. Because compliance coordination requires deference to any analysis that "reasonably meets" the Voluntary Guidelines, and because the Voluntary Guidelines take an overly narrow view of what constitutes discrimination, OFCCP may be prevented from addressing legitimate violations of the Executive Order. There is no reason to have such a compliance coordination mechanism, and especially not one for a specific employment practice. OFCCP does not formally defer to contractor determinations of applicant or promotion pools, steps of hiring procedures, job groups in Affirmative Action plans, or the many other factual issues relevant to evaluating compliance in other areas. Nor should OFCCP defer to contractor decisions about how to test for pay differences.
In the absence of the Voluntary Guidelines, contractors may continue to choose a self-evaluation method appropriate to assess potential pay disparities among their workforce. OFCCP will not be mandating any specific methodology. However, the principles outlined in Section III, below, should be useful to contractors devising a self-audit program. Under section 60-2.17(b)(3), contractors must be assessing specifically "whether there are gender-, race-, or ethnicity-based disparities" in compensation, and under section 60-2.17(d) any self-audit program must be "periodic" and must include specific internal reporting to management of results. OFCCP will assess compliance with these aspects of the regulations by determining whether the scheduled reporting mechanism meets these standards.
Several commenters spoke to the issue of cost to the contractors should the Voluntary Guidelines be retained or rescinded. They expressed concern regarding increased costs to the contractors in terms of the "absence" of any guidance. A federal contractor organization, referring to both the Standards and Voluntary Guidelines, noted that "[i]n the absence of such guidance, many employers, particularly smaller and mid-size employers without the `deep pockets' to hire costly third-party experts, will be discouraged from conducting any type of proactive self-analysis." Taking a different approach to the issue of costs to the contractor, an organization of businesses, supporting rescission of the Voluntary Guidelines, stated that "* * * the [Voluntary] Guidelines ignore the burden associated with developing sophisticated regression models that would satisfy the standards articulated by OFCCP. The cost and complexity of conducting such analyses is too much for many [of our] members to undertake on an annual basis."
Speculations about potential future costs is not a basis to retain a rarely used, ineffective and potentially burdensome compliance regime. This is particularly true where the current approach may already be costly for some contractors, and where it clearly fails to advance the agency's core policy objective.
OFCCP is taking steps to mitigate any potential cost or burden associated with rescinding the 2006 guidance. In addition to the discussion in Section III below, OFCCP will be providing written materials, such as FAQs, and compliance assistance sessions going forward—clearly describing its investigative procedures and interpretation of key issues. This should make it easier for contractors to assess their own practices. It will also avoid the possibility that the absence of guidance imposes a cost on contractors.
Numerous commenters discussed the OFCCP proposal to communicate its procedures for investigating and analyzing compensation discrimination through the traditional means of using its compliance manual, directives and other staff guidance. A few commenters supported OFCCP's use of the same methodology for establishing policy and procedures as it uses in addressing other discrimination issues, noting that the use of its compliance manual, directives, and other similar guidance have been effective.
Several commenters raised concerns regarding OFCCP's decision not to use formal rulemaking. This was coupled with comments that by not using formal rulemaking, OFCCP is not being transparent in its actions. An employer association noted that if OFCCP rescinds the Standards and Guidelines, "new guidelines should be established through a formal public rulemaking process that mirrors the EEOC's enforcement of Title VII." A management law firm asserted that the proposed approach "* * * moves from a transparent, consistent approach to
Another management law firm challenged the view that OFCCP has not traditionally addressed investigation standards through formal rulemaking, citing the Uniform Guidelines on Employee Selection Procedures, the Sex Discrimination Guidelines, and the Internet Applicant Rule. The Executive Order implementing regulations establish legal requirements; they do not prescribe or limit the models of proof that the agency may use to demonstrate noncompliance. OFCCP has traditionally established investigation procedures through subregulatory materials such as compliance manuals, directives, and training and will continue to do so.
Because OFCCP adopted the Standards and Voluntary Guidelines by means of the notice and comment process, OFCCP has decided to take subsequent action regarding the specific published guidance in the same manner. However, OFCCP's general practice has been to develop specific investigative procedures for all of its programs through training programs, internal guidance documents, the FCCM, and similar materials. OFCCP has developed and conformed its investigative procedures based on its interpretation of Title VII principles as the law has developed over time. OFCCP will continually refine these procedures to ensure that they are as effective and efficient as possible. In addition, OFCCP plans to provide written materials and compliance assistance as explained above. Going forward, OFCCP will provide as much transparency and public disclosure as possible about its procedures for investigating compensation discrimination. Technical assistance will include tools such as written Frequently Asked Questions, webinars, conference calls, online chats, and presentations, which also provide opportunities for stakeholder dialogue and feedback. The comments received in response to the NPR do not present a compelling argument for OFCCP to unnecessarily restrict its ability to be responsive and timely in this regard.
Executive Order 12866 and Executive Order 13563 (Regulatory Planning and Review)—This rule has been designated an "other significant" regulatory action, although not economically significant, under Executive Order 12866. The public was provided a meaningful opportunity to provide input on this document through a 60-day comment period on a Notice of Proposed Rescission issued on January 3, 2011.
Paperwork Reduction Act—The Paperwork Reduction Act (PRA), 44 U.S.C. 35, does not apply to this document because it does not involve any collection of information subject to the approval of the Office of Management and Budget. The information reviewed under the Title VII framework described in this document is collected and reviewed as a result of a desk audit of a contractor's or subcontractor's employment practices. The information collected during the desk audit is covered under OMB Control Number 1250-0003. The compensation analysis described in the Notice occurs after OFCCP compliance officers identify one or more indicators of compensation discrimination during the desk audit that warrant a more in-depth investigation or a compliance evaluation. Pursuant to 5 CFR 1320.4(a)(2), the PRA does not apply to information collections during an "administrative action, investigation, or audit involving an agency against specific individuals or entities."
Regulatory Flexibility Act—OFCCP determined that, pursuant to the Regulatory Flexibility Act (RFA), 5 U.S.C. 601,
After careful consideration of these comments, OFCCP concludes that the Standards and Voluntary Guidelines impede the agency's ability to detect and investigate compensation discrimination, which disserves workers, contractors, and the agency. They require an overly narrow definition of what may constitute systemic compensation discrimination, encourage a less rigorous approach to self-evaluation, and preclude full enforcement of the Executive Order ban on pay discrimination. There should be no unnecessary barriers to enforcing the promise of equal opportunity for workers, and certainly not with respect to ensuring non-discrimination in pay.
OFCCP has concluded that the Standards and Voluntary Guidelines have failed to meet the objectives they were designed to address. They significantly undermine the ability of the agency and contractors to vigorously investigate and identify compensation discrimination consistent with Title VII principles. OFCCP has developed and will continue to develop more effective methods for investigating and addressing compensation discrimination. OFCCP rescinds the Standards and Voluntary Guidelines in their entirety.
Going forward, OFCCP will follow Title VII principles in investigating and analyzing compensation discrimination. The agency proposes to make its treatment of compensation cases consistent with other types of OFCCP discrimination investigations. With the rescission of the Standards and Voluntary Guidelines, OFCCP will focus on the case-by-case assessment of compensation discrimination investigation procedures, and provide clear and consistent guidance to its staff, contractors, and the public regarding its approach.
As explained above, OFCCP is rescinding the 2006 guidance documents to ensure its enforcement practices address all forms of pay discrimination that may violate Title VII. In order to assist contractors seeking to comply, and to provide transparency, OFCCP is setting forth its interpretation of certain significant legal and technical issues. This will provide notice of the standards OFCCP intends to rely upon when conducting compliance evaluations, and the standards OFCCP will be instructing its compliance officers to follow.
Under Executive Order 11246 and its implementing regulations, contractors may not discriminate in "rates of pay or other forms of compensation;"
OFCCP's approach to investigating and enforcing non-discrimination in compensation follows Title VII principles. The approach involves factual investigation, and data and legal analyses, which allow OFCCP to identify and remedy all forms of compensation discrimination. OFCCP will tailor the compensation investigation and analytical procedures to the facts of the case as appropriate under Title VII. This case-by-case approach to compensation discrimination includes the use of a range of investigative and analytical tools. Statistical analyses and non-statistical analyses, such as the use of comparators or cohort analysis, will be applied as feasible and appropriate given available data and evidence, and the factual issues being studied. OFCCP will seek anecdotal evidence, but will investigate and remedy instances of compensation discrimination regardless of whether individual workers have reported being underpaid.
This approach is designed to eliminate unnecessary barriers to OFCCP's ability to protect workers from discrimination. It ensures OFCCP fully takes into account any possible explanations or responses from contractors, and that OFCCP conducts an analysis tailored to a contractor's specific compensation systems and practices.
In particular, OFCCP will consider five principles when reviewing contractor pay practices: 1. Determine the most appropriate and effective approach from a range of investigative and analytical tools; 2. Consider all employment practices that may lead to compensation discrimination; 3. Develop appropriate pay analysis groups; 4. Investigate large systemic, smaller unit and individual discrimination; and 5. Review and test factors before including them in analysis. Each of these is explained in more detail below.
Investigation of potential compensation discrimination presents complex and nuanced issues. The choice of the best approach for a case depends upon the underlying facts, the available data, and the contractor's compensation system and practices. As such, OFCCP takes a case-by-case approach to analyzing compensation issues. In every case there are three key questions to be addressed: a. Is there a measurable difference in compensation on the basis of sex, race, or ethnicity?
At the early phase of a scheduled compliance evaluation, OFCCP may use a range of preliminary analysis techniques to determine whether further review is warranted to make a final determination of compliance, and to assist offices in prioritizing investigative resources. As a compliance evaluation moves from the desk audit to an onsite investigation and a final determination regarding compliance, OFCCP will review and refine the approach in light of further information provided by the contractor or developed through investigation. All ultimate determinations of compliance will be based on a rigorous, appropriate and legally sound analysis of the facts and data.
OFCCP will examine all employment practices that have the potential to lead to compensation disparities that are relevant given the case-specific facts and data. Compensation includes any payments made to, or on behalf of, an employee as remuneration for employment, including but not limited to salary, wages, overtime pay, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options, profit sharing, and contributions to retirement. The compensation a group of employees or an employee receives may be negatively affected by denial of equal access to certain earnings opportunities. OFCCP will examine employee access to opportunities affecting compensation, such as: Higher paying positions or job classifications, work assignments, training, preferred or higher paid shift work, and other such opportunities. OFCCP will also examine policies and practices that unfairly limit a group's opportunity to earn higher pay, such as: "Glass ceiling" issues; and access to overtime hours, pay increases, incentive compensation, and higher commission or desired sales territories. OFCCP will tailor the approach and tools to be used to examine possible unequal access and denial of opportunity issues based on the compensation practices relevant to a particular case. Differences may be observed with regard to base salary; job assignment or placement; opportunities to receive training, promotions, and other opportunities for advancement; earnings opportunities; and differences in access to salary increases or add-ons, such as bonuses.
If the data allow, OFCCP will begin by testing for statistical significance on large groups of employees. The analysis may be based on groups that are larger than individual job titles and job groups. By combining employees into appropriate pay analysis groups, using statistical controls as necessary for title or level, OFCCP will be able to more easily identify potential systemic discrimination needing further investigation and potential remedy. Additionally, if the data allow, OFCCP will analyze pay disparities based on protected class status that cannot be explained by neutral job-related factors,
A pay analysis group is a group of employees subject to a single statistical framework, model or test. For compensation analysis, a group may be limited to a single job or title, may be performed separately on multiple distinct units or categories of workers, or may be a pooled regression analysis that combines employees from multiple job titles, units, categories and/or job groups that are comparable for purposes of the contractor's pay practices. Where a combination of job titles or jobs at multiple levels is used, it may be appropriate to control for title and level within the group, in order to ensure comparison of similarly situated
OFCCP will develop pay analysis groups by considering the following, at a minimum: The particular industry, the types of jobs and compensation at issue, the contractor's actual compensation practices and available data. Compensation practices may differ by role (
As the results of the initial analysis and facts warrant, OFCCP will refine the analysis, and may conduct subsequent statistical and/or non-statistical tests of smaller units or individuals.
OFCCP will investigate possible large systemic, smaller group or unit, and individual compensation discrimination. Pay analysis groups are to be developed to examine possible systemic issues. Systemic discrimination may be a pattern or practice of discrimination or an identified employment practice with adverse impact that affects multiple employees or groups of employees or applicants. When OFCCP completes analysis of larger pay analysis groups, or in cases where the data are inappropriate or insufficient for regression analysis, the agency will examine the data to further address possible compensation discrimination involving specific job titles, particular units or locations, or other smaller groupings. These additional analyses will be used to confirm, refine or supplement the larger analysis.
After analyzing the data for potential systemic discrimination in larger and smaller groups, OFCCP may conduct comparative analyses of very small groups or individuals to determine if discrimination has occurred, and if there is evidence sufficient to support an inference that pay differences are due to discrimination. The mere fact that there are pay differences between comparators, without any other evidence of pretext or other indicia of possible discrimination, generally is not sufficient to find a violation of E.O. 11246.
For purposes of evaluating compensation differences, the determination of similarly situated employees is case specific. Relevant factors in determining similarity may include tasks performed, skills, effort, level of responsibility, working conditions, job difficulty, minimum qualifications, and other objective factors. In some cases, employees are similarly situated where they are comparable on some of these factors, even if they are not similar on others. For example, when evaluating a job assignment issue, workers are similarly situated when their qualifications are comparable, but they are assigned to jobs at different levels. Employees are similarly situated when they are comparable on factors relevant to the compensation issues presented. Who is similarly situated for purposes of an individual analysis or review of a single specific employment decision may be determined based on different criteria than when conducting a systemic discrimination analysis.
OFCCP will evaluate, on a case-by-case basis, information from the contractor regarding the factors the contractor considered in making compensation decisions. A factor is an element that the contractor offers to explain differences in employee compensation under its compensation system and practices. Factors may include internal and external elements potentially affecting compensation. A factor may be a qualification or skill that the worker brings to the position such as education, experience, etc. It may also be a job-related element such as position, level or function; tenure in position; performance ratings, etc.
As in any investigation, OFCCP will review and test the factors offered before accepting them as appropriate for inclusion in the analytical model and/or comparative analysis to be conducted. OFCCP will evaluate whether these factors actually explain compensation, whether they are implemented fairly and consistently applied, whether data regarding that factor is accurate, and whether they should be incorporated into the analysis to be conducted. Where a factor that explains pay differences is based on an identified employment practice, such as a specific qualification, performance review instrument, job assignment policy, or a similar policy or practice, OFCCP will evaluate it for potential disparate impact or disparate treatment before determining whether to include it in the analysis.
The procedures and principles described in this document apply to all OFCCP reviews scheduled on or after February 28, 2013.
The 2006 Compensation Standards and Voluntary Guidelines will govern determinations regarding the issuance of an NOV for systemic compensation discrimination in any OFCCP review scheduled, open or otherwise pending on the effective date of this Notice of Rescission. Contractors may elect to waive application of the 2006 Guidelines, and/or to have pending reviews conducted under these procedures, by notifying OFCCP in writing.
E.O. 11246, 30 FR 12319, 3 CFR, 1964-65 Comp., p. 339, as amended by E.O. 11375, 32 FR 14303, 3 CFR, 1966-70 Comp., p. 684. E.O. 12086, 43 FR 46501, 3 CFR, 1978 Comp., p. 230.


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Discussion in 'Pop & Justice' started by 777jonny777, Feb 7, 2009.
Didn't quite hit the note that wasn't such a good time
Best ad-lib ever?
So my friend and I continued our Janet journey today, and we listened to Rhythm Nation. I broke down all the tea as per usual, Janet watching a lot of CNN and whatnot, her goals for the album, what Jimmy and Terry did with her, etc. And we listened. He already knew Rhythm Nation and sort-of Escapade.
He liked that the album started off "powerful" with the title track, how it just hit the ground running. By the end, he said there were "so many words" to describe the album, "force of nature" being some of them. He was blown away. He wrote down 10 of the 12 songs. He loved how she showed a new side, he loved the evolution from Control, how it was still her but it was sharper and edgier and stronger. He thought the ballads were better, the dance songs punchier.
His eyes noticeably widened at Livin' In A World. He wrote it down because he wants to really listen to the song with headphones on and reading the lyrics, but he feels like he may not be able to listen to it much in the future because it has such an upsetting ending. Black Cat was easily his favorite, he was shocked to hear those sounds on a Janet album. He really liked Love Will Never Do (Without You) as well.
Overall he was just so impressed by how sophisticated the Janet machine had become by the time of Rhythm Nation, everything just works on the album. He said that he now knows the basement (Dream Street) and the cream of the crop (Rhythm Nation). His grades so far are as follows:
Janet Jackson: C-
Dream Street: F
Control: A-
Rhythm Nation 1814: A+
I told him about the seven top five hits and State Of The World being a radio hit. Number one singles in three different calendar years. Biggest debut tour at the time. Fifteen Billboard Awards in one night. The Virgin record contract. Rene...
We also listened to The Best Things In Life Are Free. We'll do janet. on Thursday.
Rhythm Nation is lowkey the best album of the 80's.
ALSO, his eyes widened a bit at the start of Someday Is Tonight when she's like "NO, PLEASE" and the music swells in a foreboding, unattractive way.
why 'lowkey'?
One of these days she's gonna post album news in between the 67482 reposts on her Instagram story and no one's gonna know because we're all swiping past them as fast as we can ddd. Maybe she already announced the tour postponement (which I got the email for over a week ago from Ticketmaster) and no one knows because of that!
Rhythm Nation would be in my top 20 albums of all time. Absolutely incredible record.
Yeah, it's cute that she likes to repost fan vids and I get it but...we don't care. Give us album news!
Poor @LP
I appreciate RN1814 but maybe cause I'm a basic British cigarette I'll always love Control and janet. more.
Because there is also Black Celebration, Purple Rain and Sign O' The Times. It's hard to pick a fav.
Rhythm Nation 1814 and Like A Prayer being released in the same year is absolute legend shit.
I've been going through an absolute Janet binge/obsession this past month or 2 and suddenly remembered I had the "From Janet to Damita Jo...the videos" on DVD so I'm currently watching it. Janet really was her peak wasn't it? Maybe I'm biased because it came out when I was 14 and I literally listened to it for 2 straight years but it's so good.
On the subject of quality of material on this DVD there is no bias. This is art at its best and don't let anyone try to convince you otherwise.
As a 12 year-old US baby gay, this era was absolute magic. In addition to these two (plus Madonna's ongoing domination), Paula Abdul's "Forever Your Girl" era was in its peak in 1989, and Mariah was about to launch in early '90.
I love the vinyls. I hope she goes even further and re-releases them on cassette like Bjork and perhaps puts out special edition box sets with unheard material. Open the archives!!
I just listened to The Velvet Rope during my evening walk. Just wow. Always wow.
I first heard the album in 2004, half my life ago. I always respect and support when artists get risky and purge their demons in their work. And while I liked a fair amount of the album, I probably respected and supported it more than I loved it. But it (of course) is one of those albums that grows with you and opens up over time. You have to earn an album like The Velvet Rope and it can take a long time, depending on where you were in life when the journey began.
And there were Martika, Taylor Dayne, Jody Watley and Exposé serving good 1989 bops too.
The booklet for The Velvet Rope smelled soooooo good. I don't know what the ink was. It was intoxicating.
I don't know about y'all but the last lyrics in Shoulda Known Better are hitting a bit harder these days.
Separate names with a comma.


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Hi, I have a problem with automatic publishing. Each time I create an account I can not see the post that has created an account, only an error appears. I've done an advanced search and the automatic post was created correctly but it still doesn't show up in posts. It's a Dynamics 365 on premise-
Thank u
Hi Zucko,
I think you mean the post panel displays related error except the normal account created information.
While could you share more details like which D365 OP Version you are using now? V9.0? Is there any customized JS web resource or API on the Social Activities Post Panel? If you have such customization , I would suggest you to disable this first to troubleshoot the issue.
Finally, you could attach the error details in the forum if there's no more customizations while issue still occurs.
Hope the above troubleshooting steps would help.
Thank you very much, I was able to solve the issue by doing a Dynamics update, everything is already working.
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