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.

OFCCP Week In Review: May 9, 2016

OFCCP Week In Review: May 9, 2016

The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment published every Monday. Here are this week’s developments: Monday, May 2, 2016: EEOC ”Doubles Down” In Transgender Bathroom Debate With New...
OFCCP Week In Review: May 9, 2016

OFCCP Week In Review: March 28, 2016

The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment published every Monday. Here are this week’s developments: Wednesday, March 16, 2016: Senate Bill 2693, the “EEOC Reform Act” introduced by...
OFCCP Week In Review: May 9, 2016

OFCCP Week In Review: September 14, 2015

The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment published every Monday. Here are this week’s developments: September 1, 2015: President Obama Issued Executive Order 13706 Requiring Federal...
OFCCP Week In Review: May 9, 2016

OFCCP Week in Review: January 16, 2015

COMPENSATION UPDATE: OFCCP started the new year aggressively in audits by making increasingly more detailed and more numerous compensation data requests of contractors. The latest we have seen is a 29-point questionnaire up from the originally published 14 point...