OFCCP Week in Review: November 21, 2016

OFCCP Week in Review: November 21, 2016

In today’s edition of OFCCP Week in Review, John C. Fox and Candee Chambers discuss the personnel changes coming under the Trump Administration of Significance to Employment & Civil Rights Matters; highlights from the EEOC’s FY2016 Performance & Accountability Report (PAR); and how the coming EEOC changes will affect your EEO-1 report.

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.