A Victory for Fair Pay and Transparency

In November, United Space, a spaceflight operations company and major NASA contractor, was ordered by a federal court to provide the Office of Federal Contractor Compliance Programs data regarding its pay and employment practices. This decision reinforces that no employer is beyond the law, particularly when it comes to issues of fair pay. This is particularly important for women, who continue to face significant pay disparities in the United States. Women in every age group, at every level of educational achievement, and in every industry are underpaid relative to their male counterparts.

OFCCP is an agency within the Department of Labor that is charged with ensuring that federal contractors and subcontractors provide equal employment opportunity through affirmative action and nondiscrimination based on race, color, national origin, religion, or sex. Because federal contractors and subcontractors comprise millions of workers — nearly a quarter of the federal civilian workforce — OFCCP has a pivotal role to play in combating unlawful discrimination. OFCCP conducts random compliance reviews of contractors, requiring selected employers to provide information on their pay and employment practices.

In 2009, OFCCP asked for information about United Space’s affirmative action program and supporting documents in order to conduct a scheduled compliance review. The initial review raised questions about the company’s pay practices, leading OFCCP to request additional data and records in order to complete the evaluation. The company refused to provide the records or to allow OFCCP access to its premises to gather the requested information. Recently, the federal court ruled that United Space must provide this information and access to OFCCP to comply with the law. This victory for OFCCP sends a message that companies that do business with the federal government cannot hide from their legal obligations to demonstrate their affirmative action efforts and equal employment opportunity guarantees in the workplace.

AAUW supports affirmative action to improve racial, ethnic, and gender diversity and has long advocated for fairness in compensation, equitable access and advancement in employment, and vigorous enforcement of employment anti-discrimination statutes. One resource available for workers seeking help is the AAUW Legal Advocacy Fund. LAF has worked for decades to combat sex discrimination in higher education and the workplace. LAF’s initiatives include community and campus outreach programs, a resource library and online advocacy tools, a Legal Referral Network, and various research reports.