Updates to OFCCP Sex Discrimination Regulations Present Some Compliance Conundrums

Updates to OFCCP Sex Discrimination Regulations Present Some Compliance Conundrums

The OFCCP’s definition of “similarly situated” for the purposes of evaluating compensation differences in its new sex discrimination regulations is so broad that it provides little guidance for federal contractors and goes beyond Title VII standards, two attorneys who handle OFCCP compliance matters recently told Employment Law Daily. The final rule, published in the Federal Register on June 15, 2016 (81 FR 39108-39169), replaces the guidelines at 41 CFR Part 60-20 with new sex discrimination regulations. The regulations, which implement the prohibition against sex discrimination contained in Executive Order (EO) 11246, took effect on August 15, 2016. Section 60–20.4(a) of the new regulations prohibits contractors from paying “different compensation to similarly situated employees on the basis of sex.” But the standard to which the OFCCP will hold contractors in assessing exactly which employees are “similarly situated” is far from clear, the attorneys stated.

DEAM16 Pre-Conference Recap | OFCCP Compliance with Candee Chambers and John C. Fox

DEAM16 Pre-Conference Recap | OFCCP Compliance with Candee Chambers and John C. Fox

The compliance track was headed by two familiar faces – DirectEmployers VP of Compliance & Partnerships, Candee Chambers, and employment law attorney, John C. Fox of Fox, Wang, & Morgan P.C. – two of our compliance experts. With the state of the ever-changing regulatory environment, federal contractors were more than eager to learn about the classification of an applicant, outreach documentation and recordkeeping, as well as how recruiters and compliance managers can work together better. In case you missed it, here are some key takeaways from the three sessions.