The Labor Department’s recent loss in the Oracle pay discrimination case, while disappointing for the agency, provides the Office of Federal Contract Compliance Programs an opportunity to take stock of the current state of its pay equity enforcement program. Former DOL attorney Chris Wilkinson, now with Perkins Coie, and David Cohen, president of DCI Consulting, offer six options going forward.

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has now suffered two significant losses related to its approach to enforcing pay discrimination. These developments could upend the federal contractor watchdog’s enforcement and policy priorities.

Some in the contracting community will applaud these decisions as vindicating their positions, but contractors should look forward as the agency will undoubtedly continue to enforce compensation discrimination.

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