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Podcast-Intro: Welcome to
Testing, Testing 123, a podcast

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brought to you by TestGenius.

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Jenny Arnez: Hello everybody.

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We're so glad you joined us today.

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My name is Jenny Arnez.

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I'm from TestGenius and you are on
the Testing Testing 1, 2, 3 podcast.

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With me today is my co host, Mike Callen.

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He's the president of TestGenius and
Mike, do you want to say anything?

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Mike Callen: Greetings.

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Glad that you're here joining us.

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And we're excited about today's podcast.

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We've got a great guest with
us and frankly we're all

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going to be learning stuff.

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This is new- new territory
for us outside of our scope.

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And so it's going to be
a fun couple sessions.

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Jenny Arnez: That's right.

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Today we are recording our
first session of two with Dr.

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Brian Marentette.

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He's from Berkshire Associates.

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He's the Director of
People Insights there.

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Brian's going to, well, he's
going to be teaching us.

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This first episode is just about pay
equity basics, and so Mike and I will be

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asking Brian lots of questions, and we
hope this is a beneficial time for you.

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Brian, would you like to tell
us a few things about yourself?

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Brian Marentette, PhD: Sure.

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Thank you for having me.

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First of all, it's an honor to be here.

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I am a former member of the Biddle team.

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Through two different stints with
Biddle but recently we were acquired and

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joined the Berkshire Associates group.

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So I know the Biddle folks
well, and it's nice to be back.

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Speaking with you, but
yeah, Brian Marentette here.

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I'm an IO psychologist that specializes
in a number of different areas across

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the HR space and EEO compliance doing
sort of TestGenius type work as well

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with testing and validation, but also
other statistical analyses surrounding

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personnel decisions in the workplace.

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So hiring, promotion,
termination, and compensation,

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which is what we'll talk about.

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today with pay equity.

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Nice to be here.

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Wonderful.

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Jenny Arnez: Wonderful.

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Thank you.

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So my thought for today is that we would
do the reporter questions, the what,

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who, why, when, and how of pay equity.

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And why don't we just
start with a definition?

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What exactly does pay equity mean?

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Brian Marentette, PhD: Yeah, great.

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So it's a term that's thrown around a lot.

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And there's probably several
definitions out there.

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Fundamental common thing that you'll
see is equal pay for equal work.

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That doesn't mean same pay for same work.

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It's a relative term in that it's
considering individual's attributes,

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their characteristics that they're
bringing to the table, the characteristics

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of the work that they're performing
and then considering pay after we

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take those factors into account.

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Jenny Arnez: So can you
elaborate a little bit more?

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You said it doesn't mean same.

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So that kind of brings a
question mark in my mind.

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Brian Marentette, PhD: Sure.

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So assume Mike and I
are doing the same job.

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All right.

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We're both we're not going to be the
president of test genius, but we're

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a consultant doing the same job.

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And I was just hired a year
ago, fresh out of grad school.

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And Mike was hired 10 years ago and
he has had several other jobs as well.

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In the consulting space, he brings
a different level of expertise and

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experience knowledge to the table.

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If we were paid the same pay
for the same work, that would

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mean we're making the same.

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Amount of money, regardless
of any of those other factors.

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And that's where the pay equity
concept comes into play is that we

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should not really be paid the same.

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That's actually not equitable.

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I don't think Mike would be happy if he's
making the same amount as me as a newbie.

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And so he has compensated more
and you'd see that in raw numbers.

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And it would appear that there's
a disparity there, but behind the

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scenes, the equity piece would
explain that there's other factors.

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That contribute to that.

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So once we factor those things in.

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We actually are making equal pay for
the equal work that we're performing.

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Now, my work isn't going
to be equal to Mike's.

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And that's where some of the
more complicated statistical

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analyses come into play.

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But the concept there is that
pay equity factors in these other

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relevant pieces of information that
might influence somebody's pay.

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Mike Callen: Does it make
sense to ask now, or if not,

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we can push it off till later.

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But one of the things that I always wonder
about when I hear this term has to do with

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job performance ratings, for instance.

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How are different people performing,
unlike the example you used, assuming

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we're working in the same role,
it's been the same amount of time.

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How does that come into play as well
in terms of determining pay equity

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or in terms of the analysis for pay
equity, or is that something that

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occurs outside or is it not even
something that gets considered?

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Brian Marentette, PhD: No, good question.

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That is, that comes up with almost
every single client that we work with.

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Many organizations out there claim to be
a pay per for pay for performance model.

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So they pay people more
for better performance.

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And oftentimes that is quantified
through performance ratings.

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That is a legitimate factor that could
be considered in somebody's compensation

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I will tell you more often than not

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regardless of how strong a client pushes,
me to use those ratings, they actually

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have a very weak relationship to pay.

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There might be some sort of individual
cases where your star performer indeed

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has the highest ratings across the
board and they are making the most,

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your lowest performer might have
the lowest ratings and the lowest

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pay, but all the noise in the middle

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doesn't usually track very cleanly.

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But performance would be one
of those factors that could be

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an influencing pay certainly.

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Mike Callen: And that's
an interesting point.

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We hear very often when there's
conversations either internally or

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externally about job performance
ratings very often it's a gift.

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That everybody gets one time
a year, somebody says you're

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spectacular and that could really
throw a wrench into these things.

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So there are other
metrics available as well.

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If you're doing an assembly
job, you're making widgets.

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If you you could be, you could look
at the attendance or lateness or,

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maybe there's a whole host of other,
uh, metrics that might be available.

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Do those ever get factored into
the work that you're doing or

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get considered as criteria?

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Brian Marentette, PhD: In some cases, yes.

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In situations where you have those
objective quantifiable outputs.

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Yes, they often do factor in and that's
usually on like variable compensation, so

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non base pay commissions, incentives yeah.

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So in, these days, there's not a lot
of jobs that actually make widgets

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where people can quantify the number
of products they're producing and

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things, but in some cases attorneys.

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Oftentimes we'll see that obviously
billable hours impacts the some of

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the bonus structures that they have.

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And it's really pretty formulaic in
those cases where if you hit certain

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targets, you get the incentives of course.

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Yeah.

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But those need to be factored
in when you're looking at

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some of those non base pay.

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Incentives and commissions and bonuses.

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Yeah

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Mike Callen: I know.

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I have a friend who is an apprentice
electrician and he is almost ready

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to become a journeyman electrician.

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And obviously they have structures
that are based around merit, which

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is really associated with the steps
that you increased through your

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education, the amount of years
that you put into each program.

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And there's really a natural cadence
from apprentice to journeyman to

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supervisor, those kinds of things.

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Is that a realm that you
prefer to operate in?

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Is it, are things more clean there?

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Or do you even need to do compensation
analysis in a realm like that?

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Or, do you prefer to do it in some of
the areas that are more subjective?

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Or do you think it's more
necessary in those areas?

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Brian Marentette, PhD: Great question.

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And yes, most of the compensation pay
equity work is done in environments

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that are not so structured.

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It's particularly like unionized roles.

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We have organizations
with unionized workforces.

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We oftentimes don't even analyze
the union employees because they

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are tied to that rigid structure.

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And there's actually very
little you can do about it.

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And when you see disparities they're
often, at a job title level, as soon as

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we control for the grade that they're in
or that step that they're in, it wipes it

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out because that usually explains almost
all the variability in somebody's pay.

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It's tied to these steps and levels
that they're on so it is the subjective

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pay decisions that are most prone
to bias potentially or just general,

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poor practices that produce unintended
consequences that might appear as

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bias that are caused by other factors.

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It's pretty deep into it but yeah,

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Mike Callen: So is it an effect
of the way that those unionized

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environments are organized.

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It's pretty clear that there is very
little inequity that exists because

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it's happens to be very much structured.

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And so people don't tend
to have to look at that?

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Or is there some other nuance that
directs you in terms of, you know what

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what you might

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need to do or for whom you do the service?

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Brian Marentette, PhD: Right.

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There's very little opportunity for
their, for inequity to exist when you

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have such a rigid step type of system
And if you're finding any differences,

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it's going to reflect people that
are deviating from whatever has been.

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So there shouldn't be any
opportunities for inequity because

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it's so structured like that.

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And that's why we will leave it alone.

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I will say from a different perspective
there's kind of two lenses you

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can look at pay equity through.

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One is a legal lens.

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Are they violating any federal or
state or local laws that might prohibit

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disparities or, apparent bias in pay?

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But the other is more of a D,E, & I
lens or a more of a diversity lens

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where let's say we look at that job of
electricians and we're not controlling for

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those different steps and we see a huge
disparity in pay between, men and women.

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Now what does that mean?

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Does it mean we have pay bias against
women or does it mean that we have

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only, got our female employees
stuck down in these lower steps?

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They haven't moved out of
those lower grades and steps

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to get up to higher levels.

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Sure.

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We can explain away the difference.

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We can statistically tell
you, ah, it's not an issue.

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Once you factor in those steps, but
then you then have to self reflect

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as an organization and say why do
we have, all of our females are all

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of our Hispanic or black minority
employees stuck in these lower levels.

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And then it becomes a separate issue.

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It's not really a pay equity issue.

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It's more of that career progression,
glass ceiling type of a problem,

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which is a, another benefit of
doing pay equity work is that it

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can spotlight some of those issues.

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Mike Callen: Another associated problem.

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So there's two things I want to ask.

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I'm going to throw this out here because
I don't want to forget the comment that

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you just made about, identifying some of
these issues that could really potentially

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point toward a systemic issue, right?

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If you find that something's happening
over here on the compensation

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side you should probably look
elsewhere within your organization.

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And the second part, I'm
just going to throw this out.

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So I don't, I'll go ahead and answer that.

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No I'll type myself enough.

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Go ahead.

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Brian Marentette, PhD:
Yes, no, you're spot on.

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It ties into a tangentially related
concept, which is the pay gap problem.

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Okay.

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Which is.

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And I can define that
before Jenny has to ask me,

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which is really just looking at like
an unadjusted sort of like ratio of,

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let's say male to female compensation.

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We're not factoring in any of these
relevant pieces of information that

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might come into play performance,
education, whatever it might be.

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You'll hear about the pay gap
statistic in the United States.

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It's published by the Census Bureau when
they run their census every so often.

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And the most recent figure is like
83 cents on the dollar, right?

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Females earn 83 cents on the dollar
compared to their male counterparts.

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And that leads a lot of people
to think, Oh, we have a huge pay

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equity problem in the United States.

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And it's not necessarily true.

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It's not really a pay equity problem.

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It's more of a labor market availability
or a talent acquisition problem.

236
00:12:51,418 --> 00:12:53,088
You've got your highest paying jobs.

237
00:12:53,743 --> 00:12:59,123
And we know from census data that
there are more male employees

238
00:12:59,223 --> 00:13:02,533
available out there in the labor
market for these higher paying roles.

239
00:13:02,753 --> 00:13:05,623
And the females are much more
available out there in the

240
00:13:05,623 --> 00:13:07,443
lower paying bands and things.

241
00:13:07,503 --> 00:13:10,218
When you just look at an
organization, and say, what's the

242
00:13:10,218 --> 00:13:12,578
average male versus female pay?

243
00:13:12,668 --> 00:13:17,348
Of course you're gonna see
this 83% or 17% gap, right?

244
00:13:17,348 --> 00:13:20,048
Females making 83% of
the male counterparts.

245
00:13:20,408 --> 00:13:26,938
And so through a pay equity analysis, you
get a look at your like, job title level.

246
00:13:26,968 --> 00:13:31,118
Are we paying people the same for,
equal pay for equal work after we

247
00:13:31,118 --> 00:13:32,528
consider these relevant factors?

248
00:13:32,878 --> 00:13:36,183
But then you can also look at
that broader sense and see.

249
00:13:37,063 --> 00:13:37,303
Okay.

250
00:13:37,303 --> 00:13:39,293
Do we have more of a
talent acquisition problem?

251
00:13:39,353 --> 00:13:42,723
Because we've got these pockets
where if we take job title out and we

252
00:13:42,723 --> 00:13:45,983
look at average pay, there's a huge
gap over in this one business unit.

253
00:13:46,383 --> 00:13:50,453
We're not bringing in any female
or minority employees into any

254
00:13:50,453 --> 00:13:51,673
of the high (level positions)..

255
00:13:51,673 --> 00:13:55,593
And that conversation changes
to again, the TA team.

256
00:13:55,593 --> 00:13:56,793
It's not a comp issue.

257
00:13:56,803 --> 00:13:58,073
It's not a dollar problem.

258
00:13:58,073 --> 00:14:00,653
It's are we getting people in the door?

259
00:14:00,663 --> 00:14:02,243
Are we not getting enough applicants?

260
00:14:02,263 --> 00:14:03,843
Are we not recruiting appropriately?

261
00:14:04,263 --> 00:14:08,813
So there's a lot of questions that get
opened by these pay equity analysis.

262
00:14:08,853 --> 00:14:12,863
Mike Callen: So if it's a an
availability issue, then does that

263
00:14:12,883 --> 00:14:15,063
enter the narrative in your report?

264
00:14:15,083 --> 00:14:20,103
I think that would be a really important
aspect, especially use that basic

265
00:14:20,103 --> 00:14:26,113
example of national equity between
males and females and a gap of 17

266
00:14:26,123 --> 00:14:34,268
cents, and you're explaining it based
upon, of an availability issue, is that

267
00:14:34,268 --> 00:14:36,608
something that you folks ferret out?

268
00:14:36,608 --> 00:14:40,808
Or do you leave that to the employer to
really try to help to present that in

269
00:14:40,808 --> 00:14:43,463
terms of taking action moving forward.

270
00:14:43,683 --> 00:14:45,143
Brian Marentette, PhD:
Yeah great question.

271
00:14:45,143 --> 00:14:48,563
And that would be an kind of an
add on to a pay equity analysis,

272
00:14:48,563 --> 00:14:51,973
because with pay equity data,
we don't, we're not necessarily

273
00:14:51,973 --> 00:14:54,273
looking for market availability.

274
00:14:54,273 --> 00:14:58,093
We don't typically include
that in a pay equity study.

275
00:14:58,413 --> 00:15:01,963
It is something we might do as
a follow up or other clients

276
00:15:01,963 --> 00:15:03,603
would say that's great to know.

277
00:15:03,603 --> 00:15:05,073
We'll go and drill down on that.

278
00:15:06,243 --> 00:15:07,103
We'll take it from here.

279
00:15:07,773 --> 00:15:10,623
Mike Callen: The other point that
I was going to ask you about was

280
00:15:10,623 --> 00:15:13,653
something that you mentioned a
little bit earlier was regarding,

281
00:15:13,903 --> 00:15:18,633
sometimes it's an issue of legality
and sometimes it's an issue of DE& I.

282
00:15:18,893 --> 00:15:23,743
And so there are certain classes
of employers who are under the

283
00:15:23,753 --> 00:15:28,153
auspices of certain federal
agencies for certain reasons.

284
00:15:28,363 --> 00:15:32,573
And then there's other ones who maybe
aren't under the auspices of those

285
00:15:33,568 --> 00:15:39,008
oversight agencies, but they are
wanting to be very transparent and

286
00:15:39,028 --> 00:15:40,678
they're wanting to do the right thing.

287
00:15:40,908 --> 00:15:46,278
And therefore, they're spending time,
energy and money on having these studies

288
00:15:46,278 --> 00:15:49,248
done so that they can be equitable.

289
00:15:49,518 --> 00:15:52,708
I think that probably a lot of people.

290
00:15:52,908 --> 00:15:57,268
In our space and maybe even
protect, particularly on the talent

291
00:15:57,268 --> 00:16:01,358
acquisition side, our side of
HR, they don't really understand

292
00:16:01,388 --> 00:16:03,058
what that is or what that means.

293
00:16:03,318 --> 00:16:06,838
But that's, you grew up in that space,
the consulting and the affirmative action

294
00:16:06,838 --> 00:16:09,488
and the EEO and the pay equity analysis.

295
00:16:09,508 --> 00:16:14,668
That all really has everything
to do with those two spaces.

296
00:16:14,728 --> 00:16:19,288
Can you spend a couple of minutes
and define those two arenas for us?

297
00:16:20,223 --> 00:16:20,823
Brian Marentette, PhD: Sure.

298
00:16:20,953 --> 00:16:26,313
So within the, I'll call it the EEO
compliance realm, because even if you're

299
00:16:26,313 --> 00:16:31,013
not a, like a government contractor,
for example, just about every employer

300
00:16:31,013 --> 00:16:34,053
is subject to Title VII laws, right?

301
00:16:34,053 --> 00:16:37,793
From the Civil Rights Act that prohibits
discrimination based on protected

302
00:16:37,793 --> 00:16:41,543
characteristics, age, race, religion,
age isn't necessarily part of that,

303
00:16:41,543 --> 00:16:42,493
it's the Age Discrimination Act.

304
00:16:43,118 --> 00:16:46,898
Age, race, religion, gender
disability, veteran status.

305
00:16:47,368 --> 00:16:49,788
So these are all protected
characteristics, right?

306
00:16:49,788 --> 00:16:56,268
If there's any differences in pay that are
large enough to flag as being significant

307
00:16:56,378 --> 00:16:57,878
and they fall along any of those lines.

308
00:16:57,878 --> 00:16:58,208
Yes.

309
00:16:58,228 --> 00:17:05,643
Employers are liable really for a
potential pay discrimination suit for

310
00:17:05,643 --> 00:17:11,483
those employers that are focused really
just on legal compliance, there's that pay

311
00:17:11,483 --> 00:17:13,323
equity answers those questions as well.

312
00:17:13,323 --> 00:17:18,623
It's the same analysis that you would do
for legal compliance versus a proactive

313
00:17:18,723 --> 00:17:22,493
look where people just want to know,
Hey, do we have any pay potential

314
00:17:22,493 --> 00:17:23,793
pay problems that are out there?

315
00:17:24,163 --> 00:17:29,573
The difference on the proactive
approach is that, a a legal standard

316
00:17:29,573 --> 00:17:31,093
is going to be very specific.

317
00:17:31,183 --> 00:17:35,803
We're looking at employees that are really
doing they're called similarly situated

318
00:17:36,173 --> 00:17:39,963
technical term in the field, meaning,
basically they're doing the same job.

319
00:17:40,693 --> 00:17:41,973
You can look beyond that though.

320
00:17:42,073 --> 00:17:47,283
You can see for, Employees that are
doing similar work, are we paying

321
00:17:47,283 --> 00:17:51,353
differently for employees doing
similar work and do those jobs

322
00:17:51,413 --> 00:17:54,583
predominantly, employ female versus male.

323
00:17:55,258 --> 00:17:57,128
And, there's a case study out there.

324
00:17:57,428 --> 00:18:01,158
That's a good example where an
organization had a daycare on site.

325
00:18:01,538 --> 00:18:05,158
It was run predominantly
by female employees, right?

326
00:18:05,248 --> 00:18:10,008
And they had a parking garage and a valet
service with parking car attendants,

327
00:18:10,648 --> 00:18:13,698
predominantly male occupant that role.

328
00:18:14,038 --> 00:18:15,288
And guess what?

329
00:18:15,388 --> 00:18:20,098
The parking car attendants, their base
salary was like 5 more than the female.

330
00:18:21,508 --> 00:18:23,348
Daycare caregivers.

331
00:18:23,828 --> 00:18:26,808
And, you got to ask yourself as an
organization, okay, you're paying

332
00:18:26,818 --> 00:18:29,148
fairly within these two jobs.

333
00:18:29,158 --> 00:18:30,398
There's no discrimination going on.

334
00:18:30,398 --> 00:18:31,748
We're not paying unequally.

335
00:18:32,188 --> 00:18:35,618
But then what's the value that
we place on those two jobs that.

336
00:18:36,188 --> 00:18:41,388
Arguably, the daycare providers are even
doing more complex work, more higher risk.

337
00:18:41,398 --> 00:18:42,858
They've got the lives of children there.

338
00:18:43,148 --> 00:18:43,278
Mike Callen: But

339
00:18:43,278 --> 00:18:44,498
certainly more hazardous,

340
00:18:44,498 --> 00:18:44,838
right?

341
00:18:44,938 --> 00:18:45,598
Brian Marentette, PhD: Hazardous,

342
00:18:45,758 --> 00:18:46,648
more stressful.

343
00:18:47,278 --> 00:18:48,218
I have three young kids.

344
00:18:48,218 --> 00:18:48,788
I know that.

345
00:18:48,958 --> 00:18:49,948
I've done both jobs.

346
00:18:49,948 --> 00:18:53,658
Actually, I was a valet and
I did caregiving for my kids.

347
00:18:53,658 --> 00:18:56,668
And I would say this is a much
harder job being a daycare provider.

348
00:18:56,668 --> 00:19:01,128
But looking at it from a legal lens,
Find any problems because within

349
00:19:01,128 --> 00:19:02,808
these jobs they're paying equally.

350
00:19:03,158 --> 00:19:07,458
But when you look at then across similar
types of jobs, so like that band of jobs,

351
00:19:07,458 --> 00:19:11,008
that's, just support work throughout
the organization you're placing more

352
00:19:11,008 --> 00:19:15,538
value on these male dominated roles,
and that's where some of those subtle

353
00:19:15,538 --> 00:19:18,178
biases that maybe existed decades ago.

354
00:19:18,698 --> 00:19:20,218
Have just become the norm.

355
00:19:20,328 --> 00:19:23,438
And of course we pay our parking
lot attendance, 25 an hour.

356
00:19:23,438 --> 00:19:25,288
And our daycare providers, 20 an hour.

357
00:19:25,328 --> 00:19:27,558
So we've always paid them and
it's never been a problem.

358
00:19:28,018 --> 00:19:31,248
You don't know that until you run
something, like a proactive pay

359
00:19:31,248 --> 00:19:35,028
equity analysis that goes beyond the
legal standard to really root out

360
00:19:35,388 --> 00:19:40,018
those areas where as an organization,
have you made sort of biased

361
00:19:40,018 --> 00:19:44,653
decisions in the past that are no
longer even a thought until they're

362
00:19:44,653 --> 00:19:46,013
surfaced in one of these analyses.

363
00:19:48,223 --> 00:19:50,043
Jenny Arnez: So let me jump
in here really quickly.

364
00:19:50,043 --> 00:19:54,073
And I, you've used the term several times.

365
00:19:54,073 --> 00:19:56,353
I've heard pay equity analysis.

366
00:19:57,683 --> 00:20:03,393
Let's say I'm an employer maybe
I'm a VP of HR or HR manager.

367
00:20:03,403 --> 00:20:09,783
At what point do I consider having a
consultant like yourself come in and

368
00:20:09,783 --> 00:20:12,293
conduct an analysis of our pay structure?

369
00:20:12,918 --> 00:20:14,598
Brian Marentette, PhD: What
would be a trigger you mean to?

370
00:20:14,598 --> 00:20:17,808
Jenny Arnez: Perhaps maybe talk
about proactive versus reactive.

371
00:20:18,048 --> 00:20:18,338
Brian Marentette, PhD: Yeah.

372
00:20:18,338 --> 00:20:18,608
Okay.

373
00:20:18,898 --> 00:20:19,288
Sure

374
00:20:22,468 --> 00:20:26,748
Mike Callen: Sorry the aspect of
whether you end up in the legal side

375
00:20:26,748 --> 00:20:32,018
of the scrutiny versus just the public
opinion side of you know the DEI side

376
00:20:32,018 --> 00:20:35,943
of things You know, I think that all
factors into that as well, depending

377
00:20:35,943 --> 00:20:38,343
on which side of commerce you're on.

378
00:20:38,733 --> 00:20:39,063
Brian Marentette, PhD: Yeah.

379
00:20:39,513 --> 00:20:39,903
Yeah.

380
00:20:40,323 --> 00:20:40,633
Okay.

381
00:20:40,643 --> 00:20:48,764
Might trigger a legal review would be, you
can still do proactive, legally oriented

382
00:20:48,874 --> 00:20:53,354
pay equity analyses, but that really is
going to be coming from your council that

383
00:20:53,354 --> 00:20:58,524
might think Hey, since that there's some
up there and, there's been complaints, but

384
00:21:00,594 --> 00:21:05,154
maybe California has some
fair pay activity here.

385
00:21:05,914 --> 00:21:07,734
Any individual employee can kind of.

386
00:21:08,139 --> 00:21:10,339
file a claim and say, Hey, I
think I'm being discriminated

387
00:21:10,339 --> 00:21:12,179
against based on gender.

388
00:21:12,509 --> 00:21:18,219
And so from a legal sense, yeah,
that there's no necessarily

389
00:21:18,219 --> 00:21:19,139
like a trigger for that.

390
00:21:19,139 --> 00:21:22,449
If you get a claim, you have to respond
to that with a reactive analysis

391
00:21:22,449 --> 00:21:26,539
to support your legal counsel and
rooting out what the real story is.

392
00:21:26,539 --> 00:21:27,579
And is there an issue here?

393
00:21:27,689 --> 00:21:30,689
And do we need to settle and
how much should we settle for?

394
00:21:30,689 --> 00:21:34,079
And what's the back pay and That's
a whole nother world, right?

395
00:21:34,119 --> 00:21:36,539
That gets activated when
there's a lawsuit that's filed.

396
00:21:36,879 --> 00:21:41,709
But as an HR vp these days, I think
almost every organization needs to

397
00:21:41,709 --> 00:21:46,559
be doing at least annual pay equity
analysis for a number of reasons.

398
00:21:46,839 --> 00:21:51,949
First if they haven't been doing them,
they've probably got some pay disparities

399
00:21:52,039 --> 00:21:53,179
that they're just not aware of.

400
00:21:53,179 --> 00:21:55,805
And until you resolve those you're just.

401
00:21:56,534 --> 00:21:58,184
You're not treating your employees fairly.

402
00:21:58,694 --> 00:22:02,874
But the other thing with the transparency
era, now the state by state seems

403
00:22:02,874 --> 00:22:06,744
like almost every month, another state
is coming out with more, regulations

404
00:22:06,744 --> 00:22:07,744
coming out all over the place.

405
00:22:08,074 --> 00:22:12,924
There's going to be more questions
about pay and what I'm making.

406
00:22:12,924 --> 00:22:16,314
And, even if it's not within the same
job, like my comparison earlier with the

407
00:22:16,314 --> 00:22:21,114
daycare and parking car tenants somebody
can easily point to another employee.

408
00:22:21,424 --> 00:22:22,754
That's doing similar work.

409
00:22:22,824 --> 00:22:28,024
And if you don't understand how
your pay practice is operating,

410
00:22:28,034 --> 00:22:28,994
you have guidelines that.

411
00:22:29,139 --> 00:22:34,104
Your team uses in making offers and your
managers when they're making promotions

412
00:22:34,114 --> 00:22:35,514
should be following these guidelines.

413
00:22:35,994 --> 00:22:39,674
But it's, it can be a lot of little
small decisions that lean in one

414
00:22:39,674 --> 00:22:45,104
direction against one group that over
time start to compound and can produce

415
00:22:45,104 --> 00:22:49,194
these disparities that again, like
typical adverse impact theory, it's,

416
00:22:49,264 --> 00:22:51,404
facially neutral practice that results

417
00:22:52,124 --> 00:22:52,544
outcome.

418
00:22:53,014 --> 00:22:56,554
And even if it's not a legal claim
that you're responding to, just as an

419
00:22:56,564 --> 00:23:02,234
organization, you need to understand these
metrics, you need to know what your pay

420
00:23:02,234 --> 00:23:04,984
practice is producing, for your employees.

421
00:23:06,199 --> 00:23:09,519
Jenny Arnez: Now, is that
true for any organization?

422
00:23:09,529 --> 00:23:13,669
Let's say a small business that has
10 employees versus one that has 200.

423
00:23:14,139 --> 00:23:14,609
Brian Marentette, PhD: Yeah.

424
00:23:14,669 --> 00:23:16,059
Good question there too.

425
00:23:16,279 --> 00:23:20,629
If you have 10 employees, you
can still do pay equity analysis.

426
00:23:21,149 --> 00:23:25,574
Now it might look a little different
than how we might do it for 200, 2000.

427
00:23:25,574 --> 00:23:31,354
200, 000 the technique or the analysis
that's employed will change, but you

428
00:23:31,374 --> 00:23:33,854
can still be doing pay equity work.

429
00:23:33,934 --> 00:23:38,134
And this actually might be a
good time to differentiate two

430
00:23:38,484 --> 00:23:40,224
critical types of pay equity.

431
00:23:40,284 --> 00:23:45,704
One is going to be your internal pay
equity, internal equity, comparing

432
00:23:46,094 --> 00:23:50,504
employees within your organization,
maybe with, within the job title, one

433
00:23:50,504 --> 00:23:53,374
against another or like I said, maybe
you're looking at broader groups in your

434
00:23:53,814 --> 00:23:57,354
looking at substantially similar work
still all within your organization that's

435
00:23:57,394 --> 00:24:03,964
internal pay equity, often confused with
external equity, which is how you pay

436
00:24:04,084 --> 00:24:06,694
relative to what the market might demand.

437
00:24:07,734 --> 00:24:08,094
All right.

438
00:24:08,094 --> 00:24:11,954
And there are a lot of organizations that
will say, yeah, we do pay equity work.

439
00:24:11,984 --> 00:24:13,614
We've been doing it for years.

440
00:24:13,994 --> 00:24:16,254
We use XYZ company.

441
00:24:16,334 --> 00:24:17,404
They give us the survey data.

442
00:24:17,404 --> 00:24:18,834
They tell us what all
of our positions are.

443
00:24:19,339 --> 00:24:22,159
You know what the average should be
and we stick to that pretty closely

444
00:24:22,669 --> 00:24:24,649
And that's when we know like red flag.

445
00:24:24,749 --> 00:24:25,939
They haven't looked internally.

446
00:24:26,159 --> 00:24:31,429
Yeah, and the internal piece is
where the focus Usually lies with

447
00:24:31,699 --> 00:24:35,369
differences that fall on race gender
age, etc you know the external

448
00:24:35,419 --> 00:24:37,069
.
Mike Callen: The real
problem areas, right?

449
00:24:37,069 --> 00:24:41,689
because the market tends to take
play take the market tends to fix

450
00:24:41,699 --> 00:24:46,909
those external problems on its own,
because if organization A isn't paying

451
00:24:46,909 --> 00:24:51,249
enough and B is paying twice as much,
people will start get up and they'll

452
00:24:51,249 --> 00:24:52,809
start flocking over to a different.

453
00:24:53,759 --> 00:24:54,859
Organization, right?

454
00:24:55,019 --> 00:24:57,189
Brian Marentette, PhD: And it's
incumbent on the organization to

455
00:24:57,409 --> 00:24:59,039
create their own philosophy there.

456
00:24:59,039 --> 00:25:01,089
How do they want to pay
compared to the market?

457
00:25:01,099 --> 00:25:04,299
Some nonprofits say, you know what,
we're not looking for the best and

458
00:25:04,299 --> 00:25:07,569
the brightest, we're not going to
pay in the 75th percentile we want

459
00:25:07,569 --> 00:25:11,499
people that are just going to do this
work in an altruistic way, and we're

460
00:25:11,499 --> 00:25:13,119
willing to pay at the 40th percentile.

461
00:25:13,149 --> 00:25:15,839
So they're going to pay below the
market rate for that job, knowing

462
00:25:15,889 --> 00:25:17,009
That's where they're going to pay.

463
00:25:17,029 --> 00:25:21,549
So externally, they're not very equitable
to what other employers might be paying

464
00:25:21,549 --> 00:25:24,209
for the same work, but they don't care.

465
00:25:24,779 --> 00:25:28,289
As long as they're paying everybody
at about the 40th percentile relative

466
00:25:28,299 --> 00:25:30,869
for their standing, then it's fair.

467
00:25:31,899 --> 00:25:36,279
Jenny Arnez: So Brian, how often
should a pay equity analysis be

468
00:25:36,279 --> 00:25:37,899
conducted by an organization?

469
00:25:38,509 --> 00:25:41,379
Brian Marentette, PhD: Yeah,
there is a lot of factors that,

470
00:25:42,519 --> 00:25:49,259
influence that answer, but really
an annual analysis will do, usually.

471
00:25:49,579 --> 00:25:54,019
Most companies are not changing
pay more than, once a year.

472
00:25:54,069 --> 00:25:56,079
So they have an annual merit cycle.

473
00:25:56,499 --> 00:26:00,029
They look at their, annual increases
and adjustments they make them,

474
00:26:00,099 --> 00:26:02,539
and then it sits for another
year and they review it again.

475
00:26:03,114 --> 00:26:04,034
And their pay planning.

476
00:26:04,424 --> 00:26:07,314
It makes sense to do it at
some point before or after

477
00:26:07,314 --> 00:26:09,394
that decision, ideally before.

478
00:26:09,454 --> 00:26:12,174
So you can look to see if
we're, where are we at?

479
00:26:12,604 --> 00:26:14,694
Are there any gaps that
need to be addressed?

480
00:26:15,304 --> 00:26:16,934
And you can do that through that cycle.

481
00:26:17,234 --> 00:26:20,294
And if not, you look at it at some other
point in the year, knowing that you've

482
00:26:20,294 --> 00:26:23,624
got several months to remedy any issues.

483
00:26:24,144 --> 00:26:29,564
The one Other factor there that would come
into play as the flux of your workforce.

484
00:26:29,574 --> 00:26:33,244
So if you have a lot of turnover, a
lot of hiring, a lot of acquisitions

485
00:26:33,274 --> 00:26:38,074
going on divestitures, you need to
look at that much more frequently.

486
00:26:38,074 --> 00:26:41,834
So we do have a couple of clients
that look at it every six months.

487
00:26:42,204 --> 00:26:44,274
Other ones that will, tap us every.

488
00:26:45,164 --> 00:26:48,694
A couple of times a year, three times a
year, if they have several acquisitions

489
00:26:48,704 --> 00:26:52,184
going on and they need to see how do
we look now that we've reshuffled and

490
00:26:52,334 --> 00:26:54,504
integrated some new employees in here.

491
00:26:56,254 --> 00:26:59,844
Jenny Arnez: So we are getting close
to our 30 minutes length for our

492
00:26:59,844 --> 00:27:03,184
first episode, but would you mind if
I asked you a couple more questions?

493
00:27:03,294 --> 00:27:03,834
Brian Marentette, PhD: Of course.

494
00:27:04,244 --> 00:27:04,464
Of course.

495
00:27:04,464 --> 00:27:04,904
I don't mind.

496
00:27:06,994 --> 00:27:08,374
Jenny Arnez: Thank you
for clarifying that.

497
00:27:10,094 --> 00:27:12,904
So I heard you say pay transparency.

498
00:27:13,114 --> 00:27:13,434
Brian Marentette, PhD: Yeah.

499
00:27:14,284 --> 00:27:18,404
Jenny Arnez: And I think that's more of
a technical term than I think that it is.

500
00:27:18,654 --> 00:27:19,544
Can you speak to that?

501
00:27:19,704 --> 00:27:20,344
Brian Marentette, PhD: Sure.

502
00:27:20,434 --> 00:27:25,124
So yeah, and pay transparency often
gets lumped in with pay equity.

503
00:27:25,624 --> 00:27:30,434
But transparency is really more just
that employers having to share more

504
00:27:30,454 --> 00:27:35,704
information about their pay practice,
how they make pay decisions, even

505
00:27:35,704 --> 00:27:37,554
what they are paying employees.

506
00:27:37,944 --> 00:27:40,404
So there's certain
states you have to share

507
00:27:40,554 --> 00:27:42,044
if an employee asks.

508
00:27:42,114 --> 00:27:43,774
A lot of states, you
have to share the range.

509
00:27:43,824 --> 00:27:46,614
First of all, the range for the
position that's being applied, it has

510
00:27:46,614 --> 00:27:48,234
to even be shared in the job posting.

511
00:27:48,684 --> 00:27:52,244
And so like states like Colorado, that
has to be within your job posting.

512
00:27:52,244 --> 00:27:54,664
What is the salary
range for this position?

513
00:27:55,154 --> 00:27:59,594
Other states and organizations, you
have to provide the average within your

514
00:27:59,594 --> 00:28:03,084
job so that any employee can say what's
the average pay within My job here.

515
00:28:03,084 --> 00:28:04,964
And am I below or above that average?

516
00:28:05,444 --> 00:28:10,504
And so the transparency era is
that's really what everybody's

517
00:28:10,504 --> 00:28:15,164
referring to is just being more
public with how decisions are made.

518
00:28:15,164 --> 00:28:19,044
What are the factors that, that go
into, salary increases when it comes

519
00:28:19,044 --> 00:28:21,094
time for raises and things like that.

520
00:28:21,144 --> 00:28:23,014
But then also what are the data points.

521
00:28:23,464 --> 00:28:25,154
relative for the position
that somebody might hold.

522
00:28:27,114 --> 00:28:27,384
Jenny Arnez: Great.

523
00:28:27,484 --> 00:28:27,904
Thank you.

524
00:28:28,384 --> 00:28:30,094
Mike, it looks like you have a question.

525
00:28:30,704 --> 00:28:33,354
Mike Callen: Yeah, and I don't
know whether it's a session

526
00:28:33,354 --> 00:28:36,234
two question or not, and feel
free to kick the can forward.

527
00:28:36,634 --> 00:28:42,794
But I'm curious, I've read, I won't say a
lot but often enough to be curious about

528
00:28:43,184 --> 00:28:50,934
people being hired in because the market
is tight right now at much higher pay

529
00:28:50,934 --> 00:28:57,664
rates, pay levels than Existing employees
are getting paid for the same job that

530
00:28:57,664 --> 00:28:59,774
they have way more experience for.

531
00:29:00,104 --> 00:29:05,194
In other words, if you looked at
really rehiring your own personnel, it

532
00:29:05,194 --> 00:29:07,294
would cost you a lot more to do that.

533
00:29:07,334 --> 00:29:12,424
And so that certainly is identifying
an issue, whether or not it's

534
00:29:12,424 --> 00:29:15,644
a legal issue, it might just
be a moral ethical issue, but.

535
00:29:16,279 --> 00:29:18,609
Is that something you want to talk
about now or do you want to cover

536
00:29:18,609 --> 00:29:20,169
that in the next next session?

537
00:29:20,229 --> 00:29:21,439
Brian Marentette, PhD:
I can briefly hit that.

538
00:29:21,489 --> 00:29:23,169
And it is a phenomenon that we see.

539
00:29:23,259 --> 00:29:27,819
We refer to that as pay compression,
where in general, some of your newer

540
00:29:27,819 --> 00:29:31,719
employees are going to be making more
than your more tenured employees.

541
00:29:31,719 --> 00:29:34,729
And typically when we're running
these pay equity analyses, we

542
00:29:34,729 --> 00:29:37,489
try to account for the fact that.

543
00:29:38,209 --> 00:29:41,199
Employees that have been there
longer should be making more.

544
00:29:41,589 --> 00:29:44,839
And so when you put that into
the equation, you actually

545
00:29:44,839 --> 00:29:50,229
see the inverse and it's not a
legal factor or a legal concern.

546
00:29:50,839 --> 00:29:52,239
These can pay however they want.

547
00:29:52,399 --> 00:29:56,579
However, if all of your recent hires
that are making more fall into one

548
00:29:56,579 --> 00:30:00,779
particular group, that could be
creating an equity issue along.

549
00:30:00,989 --> 00:30:04,249
One of the other demographic
protected group so companies

550
00:30:04,249 --> 00:30:05,659
need to be mindful of that.

551
00:30:05,709 --> 00:30:10,379
Again, it's not going to be
a race, gender equity issue.

552
00:30:11,079 --> 00:30:11,959
It's going to be.

553
00:30:12,309 --> 00:30:17,679
Probably just more of a, are our
older, more tenured employees valued.

554
00:30:17,829 --> 00:30:18,129
Okay.

555
00:30:18,139 --> 00:30:21,909
Maybe we need to bring them up closer,
start closing that spread between

556
00:30:21,909 --> 00:30:25,289
that group that we've just hired
recently with a much higher rate.

557
00:30:25,289 --> 00:30:29,489
Mike Callen: It's bad water
cooler talk, bad optics, right?

558
00:30:29,579 --> 00:30:31,114
This is what it creates is, it is.

559
00:30:32,204 --> 00:30:35,034
Brian Marentette, PhD: And that's the
downside of some of the transparency

560
00:30:35,134 --> 00:30:38,734
work that's, that people are pushing
is that now that those ranges are out

561
00:30:38,734 --> 00:30:43,564
there and Incoming applicants can see
they ask for the moon and they have more

562
00:30:43,564 --> 00:30:46,014
leverage to push their salaries higher.

563
00:30:46,394 --> 00:30:49,314
But at the same time,
existing employees have that.

564
00:30:49,384 --> 00:30:51,224
it as well.

565
00:30:51,504 --> 00:30:55,854
Now it's harder once you're in
to negotiate your salary upward

566
00:30:55,964 --> 00:30:58,454
than it is at that offer stage.

567
00:30:58,454 --> 00:30:58,774
So

568
00:30:59,534 --> 00:31:02,704
Mike Callen: I wonder if that's
why people use hiring bonuses.

569
00:31:03,004 --> 00:31:04,794
So maybe it doesn't get,

570
00:31:05,174 --> 00:31:05,894
Brian Marentette, PhD: that's a question.

571
00:31:05,964 --> 00:31:06,384
Yeah.

572
00:31:06,474 --> 00:31:07,184
Mike Callen: Let's factor it in.

573
00:31:07,354 --> 00:31:08,734
The part two question.

574
00:31:09,164 --> 00:31:10,664
Brian Marentette, PhD:
Part two question for sure.

575
00:31:10,924 --> 00:31:11,184
Mike Callen: Yeah.

576
00:31:11,464 --> 00:31:12,904
Brian Marentette, PhD:
How to manage your equity.

577
00:31:13,094 --> 00:31:13,564
Yeah.

578
00:31:13,964 --> 00:31:17,604
Mike Callen: Well, there's a
cliffhanger for session two.

579
00:31:17,904 --> 00:31:21,744
If you're dying to understand the
answer to that question, then be sure

580
00:31:21,744 --> 00:31:25,094
and join us on the next Next episode
of this conversation with Brian.

581
00:31:25,204 --> 00:31:26,194
So cool.

582
00:31:26,194 --> 00:31:32,514
Jenny Arnez: Yeah, Brian as we wrap up our
first session together I just I want I'm

583
00:31:32,514 --> 00:31:38,614
curious as to your why- I know you to be
a very purposeful Intentional individual

584
00:31:38,994 --> 00:31:44,424
and you've dedicated well gosh what
years of education in this space, right?

585
00:31:44,424 --> 00:31:48,564
So yeah, what's your personal
motivation for this career?

586
00:31:49,594 --> 00:31:51,964
Brian Marentette, PhD: Gosh it's
a field that I'm naturally drawn

587
00:31:51,964 --> 00:31:56,304
to and that it the field of IO
Psychology, it's involves people.

588
00:31:56,354 --> 00:32:00,354
It's not quite HR per se,
but touches HR obviously.

589
00:32:00,784 --> 00:32:03,924
But I'm drawn to that type
of work for whatever reason.

590
00:32:04,254 --> 00:32:07,834
And then on the technical side of all
the schooling that I went through,

591
00:32:08,184 --> 00:32:13,174
We learn quite a bit about statistics
and analyses and how to quantify

592
00:32:13,194 --> 00:32:15,534
and use data to inform decisions.

593
00:32:15,534 --> 00:32:17,434
And I'm also drawn to that.

594
00:32:17,444 --> 00:32:20,244
I think the best decisions
are made with data.

595
00:32:20,964 --> 00:32:24,884
So then taking those two things together
and then looking at, a career that

596
00:32:24,884 --> 00:32:30,144
can be fulfilling and do some good in
the world, preventing and correcting

597
00:32:30,654 --> 00:32:35,444
discrimination along race and gender,
any line really, it's rewarding.

598
00:32:36,479 --> 00:32:38,419
Makes you feel like maybe
you're doing something.

599
00:32:40,289 --> 00:32:44,839
Mike Callen: So I have the last
question, if that's okay with you, Jenny.

600
00:32:45,179 --> 00:32:45,389
Brian Marentette, PhD: Sure.

601
00:32:46,119 --> 00:32:49,239
Mike Callen: I want to know, and I know
everybody else wants to know this as well.

602
00:32:49,559 --> 00:32:54,889
Does being a pay equity expert make
you a better parent of three toddlers?

603
00:32:54,954 --> 00:32:55,384
Brian Marentette, PhD: No.

604
00:32:57,514 --> 00:32:58,874
Mike Callen: No winning that battle.

605
00:32:59,244 --> 00:33:02,654
Brian Marentette, PhD: I always say
it's tough to transition from work Brian

606
00:33:02,654 --> 00:33:08,394
to a dad within a matter of seconds
as a work from home employee and the

607
00:33:08,394 --> 00:33:12,554
rigidity and the regimen that you must
follow with pay equity work and data

608
00:33:12,554 --> 00:33:17,914
analysis to them, the chaos of trying
to wrangle kids are starkly different

609
00:33:17,994 --> 00:33:22,524
and I enjoy both of them, but it takes
a little bit of a re reconfiguration

610
00:33:22,524 --> 00:33:24,024
Mike Callen: hat shifting.

611
00:33:24,324 --> 00:33:24,924
Brian Marentette, PhD: Absolutely.

612
00:33:25,434 --> 00:33:26,004
Mike Callen: Yeah.

613
00:33:26,094 --> 00:33:26,364
Yeah.

614
00:33:26,494 --> 00:33:30,934
I'll bet you around the dinner table
when you hear that's not fair, the answer

615
00:33:30,934 --> 00:33:33,244
from you is really original and special.

616
00:33:33,244 --> 00:33:35,164
Brian Marentette, PhD: So have
you considers how old you are?

617
00:33:35,164 --> 00:33:37,534
You are and he is nine.

618
00:33:38,434 --> 00:33:40,174
He's had a lot more on experience.

619
00:33:40,894 --> 00:33:43,234
Mike Callen: He's been on this
job for much longer than you.

620
00:33:43,254 --> 00:33:43,614
So

621
00:33:45,754 --> 00:33:46,564
so much, Brian.

622
00:33:46,564 --> 00:33:49,074
It's always a pleasure
to to chat with you.

623
00:33:49,074 --> 00:33:52,924
And this is a really great time
spending time on the podcast with you.

624
00:33:52,924 --> 00:33:56,974
And we want to thank you very much
for taking time out of your day, to

625
00:33:56,984 --> 00:33:59,664
come and share with Jenny and I, and.

626
00:33:59,934 --> 00:34:02,774
And as well, anybody else who
happens to listen to this, it's

627
00:34:02,774 --> 00:34:06,784
been incredibly informative and I am
looking forward to part two as well.

628
00:34:06,814 --> 00:34:08,084
So thank you very much for that.

629
00:34:08,464 --> 00:34:08,984
Brian Marentette, PhD: Thank you both.

630
00:34:08,984 --> 00:34:11,974
Jenny Arnez: Brian, if somebody
wants to get in touch with you,

631
00:34:11,974 --> 00:34:15,114
they want to know more about
conducting an analysis for their own

632
00:34:15,114 --> 00:34:17,464
organization, how can they do that?

633
00:34:18,334 --> 00:34:20,194
Brian Marentette, PhD: My email
would be the best if you can throw

634
00:34:20,194 --> 00:34:24,184
it in a window or a chat right there.

635
00:34:24,184 --> 00:34:24,649
Jenny Arnez: How about that?

636
00:34:27,009 --> 00:34:27,479
Perfect.

637
00:34:27,479 --> 00:34:28,509
We're

638
00:34:28,509 --> 00:34:29,059
fancy.

639
00:34:29,419 --> 00:34:30,739
We're fancy around here.

640
00:34:31,689 --> 00:34:32,219
Brian Marentette, PhD: I love it.

641
00:34:32,239 --> 00:34:32,549
Yup.

642
00:34:32,639 --> 00:34:32,859
Yeah.

643
00:34:32,859 --> 00:34:33,499
Shoot me an email.

644
00:34:33,539 --> 00:34:35,689
I'm happy to chat with people whenever.

645
00:34:36,044 --> 00:34:38,774
And sometimes offer some
free free advice as well.

646
00:34:40,404 --> 00:34:41,234
Jenny Arnez: Wonderful.

647
00:34:41,394 --> 00:34:47,084
Thank you to our listeners and to our
viewers as well for joining us today and

648
00:34:47,084 --> 00:34:51,574
make sure you tune in next time for part
two with our conversation with Brian.

649
00:34:53,004 --> 00:34:54,024
Thank you very much.

650
00:34:56,434 --> 00:35:00,234
Podcast Outro: Thanks for tuning in to
Testing Testing 123 brought to you by

651
00:35:00,254 --> 00:35:02,104
TestGenius and Biddle Consulting Group.

652
00:35:02,904 --> 00:35:05,884
Visit our website at testgenius.com
for more information.