A New Directive—But Does This Mean a New Direction? What OFCCP's New Compensation Directive Means for Federal Contractors

Bloomberg Law
October.04.2018

Orrick employment lawyers Erin Connell, Gary Siniscalco, Chris Wilkinson and Kathryn Mantoan co-authored an article for Bloomberg Law that looks at the new compensation directive issued by the Office of Federal Contract Compliance Programs (OFCCP). The article highlights key features of OFCCP’s approach, analyzes the ways in which it may conflict with Title VII standards, and considers the import of the directive for pending and future enforcement actions by the Agency.

Authors

Erin M. Connell Partner, Employment Law & Litigation, Pay Equity

San Francisco

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D:+1 415 773 5969
E: [email protected]

Practice:

Employment Law & Litigation
Pay Equity

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Erin M. Connell Partner

San Francisco

Erin's practice covers all aspects of employment law. She defends employers in class actions and other complex cases, as well as in systemic investigations and audits by the EEOC, OFCCP, and the California CRD. Erin has led dozens of internal pay equity analyses and is a trusted advisor for several of the nation's most prominent employers on developing areas of employment law, including pay equity and pay transparency, DEI best practices, and the use of AI in employment decision making.

Erin also is an accomplished first chair trial lawyer. She has tried several cases before juries and in arbitration, and has obtained numerous defense summary judgment rulings and other favorable resolutions in state and federal court. Erin led the trial team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, the largest pay equity case ever brought by OFCCP, which garnered national media attention and earned Erin recognition as a "Litigator of the Week" by the American Lawyer and a 2021 Employment MVP by Law360. As lead counsel, Erin also successfully obtained decertification in a statewide California pay equity class action, Jewett v. Oracle.

Erin's clients include leading technology and Fortune 500 companies, including: Oracle, Meta, Microsoft, Netflix, Pinterest, Twitter, Workday, PayPal, Sony Interactive Entertainment, NVIDIA, Airbnb, SiriusXM, Dropbox, Amgen, Zendesk, Splunk and Goldman Sachs.

Erin is currently a member of the Board of Directors of the Bar Association of San Francisco, a faculty member with the Institute for Workplace Equality (IWE), and frequently speaks on California and national employment law issues, including for IWE, the ABA, the Practicing Law Institute (PLI) and the American Employment Legal Council (AELC). She was formerly the management chair of the ABA Equal Employment Opportunity Committee. She has published numerous articles on employment law in publications around the country, including the ABA Journal of Law & Employment Law. She also provides employment law training and conducts internal investigations on employment-related matters.

Gary Siniscalco Senior Counsel, Employment Law & Litigation, Discrimination, Harassment & Retaliation

San Francisco

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D:+1 415 773 5833
E: [email protected]

Practice:

Employment Law & Litigation
Discrimination, Harassment & Retaliation
Trade Secrets Litigation
Wage and Hour
Cross Border Employment Law Issues
Pay Equity

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Gary Siniscalco Senior Counsel

San Francisco

Gary has handled numerous class actions, pattern and practice cases and government audits, in court and before the EEOC and Department of Labor. Most recently, Gary served as senior counsel on the Orrick team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, a high-stakes systemic compensation discrimination case that garnered national media attention. Gary and the Orrick team was named "Litigator of the Week" by American Lawyer for their role in the successful defense of Oracle in litigation against the OFCCP. He brings a particularly unique perspective to clients on matters involving the EEOC, having served as regional counsel and senior trial attorney for the U.S. Equal Employment Opportunity Commission in San Francisco prior to joining Orrick.

Gary also has an extensive class actions practice, focusing on litigation, consent decree strategies and preventive advice. He has been designated as an expert or retained as special counsel in several federal court class actions throughout the United States.

Gary’s counseling practice extends beyond the United States and includes assisting U.S. multinational companies in dealing with complex employee issues in foreign jurisdictions

Gary is widely recognized as one the top management employment lawyers in the United States by every major ranking organization, including Chambers USA, the National Law Journal, Best of the Best USA (Euromoney), and Who’s Who Legal. Among management employment lawyers in the United States and Europe, Gary is ranked in the top 10 of Who’s Who international management labor and employment lawyers and is described as “absolutely superb.”

Gary also serves regularly on the NYU faculty for training federal judges on employment law, the OFCCP Institute, PLI International Employment Law and ABA Labor and Employment Law Section programs.

Kathryn G. Mantoan Of Counsel, Employment Law & Litigation, Class Action Defense

San Francisco; Portland

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D:+1 415 773 5887
E: [email protected]

Practice:

Employment Law & Litigation
Class Action Defense
Pay Equity
Environmental, Social & Corporate Governance (ESG)

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Kathryn G. Mantoan Of Counsel

San Francisco; Portland

Katie was a part of the trial team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, a high-stakes systemic compensation discrimination case that garnered national media attention. Katie and her co-counsel were named "Litigators of the Week" by American Lawyer for the win. Two years later, Katie and her co-counsel were named Runners-Up by American Lawyer for securing decertification of a 3,000-person putative equal pay class action for Oracle.

In fall 2023, Katie co-first chaired a two week federal jury trial and obtained a verdict against the client's former general manager, who set up a competing business while employed, on claims for breach of fiduciary duty and intentional interference.

Previously, Katie received California Lawyer’s Attorney of the Year Award in 2016 and was named a Northern California Super Lawyers "Rising Star" for seven consecutive years. She regularly writes and publishes on employment law developments, having presented on topics to three separate state bar associations and a host of national and regional legal and academic conferences.

Katie started her career at Orrick in 2004 and returned in 2015. From 2011 to 2014, she was an associate at a litigation boutique in San Francisco where she handled employment and constitutional law matters.