Five Standards for an OFCCP-Compliant Compensation Self-Evaluation: Standard #5

The fifth and final standard relates to contemporaneous creation and retention of required data. The guidelines require that all data used in the self-evaluation must be retained for a period of two years from the date of the analysis. Examples of the data that must be retained include

  • documentation and justification of SSEG construction;
  • documentation relating to the structure and form of the statistical analysis;
  • data used in the statistical analysis;
  • results of the statistical analysis;
  • employees excluded from the statistial analysis and reason(s) for exclusion;
  • data and documents used in the non-statistical analysis;
  • results of the non-statistical analysis;
  • documentation of the follow-up into any statistically significant disparities;
  • documentation of conclusions reached from follow-up;
  • documentation of any pay adjustments made to remedy any compensation disparities.
Once again it should be noted that involvement of legal counsel is imperative. Legal counsel will be able to assist in document and data retention, as well as provide valuable guidance on work product, privilege, and discoverability issues.

A recap of the five standards, as well as concluding remarks, will be posted on November 2nd.