July 13, 2020

Volume X, Number 195

July 13, 2020

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July 10, 2020

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Not Done Yet: An Update on OFCCP’s Regulatory Agenda

With the release of the new veterans and individuals with disabilities regulations, as well as roll-out of the new scheduling letter and LGBT regulations, OFCCP accomplished a lot over the last year and it’s not done yet. The latter-half of 2015 and into 2016 looks to bring more regulatory changes. The following items remain on OFCCP’s Regulatory Agenda, including its latest projections for issuance of proposed or final regulations:

  • Equal Pay Report: OFCCP’s latest regulatory agenda projects August 2015 for publication of these final rules.  More about the proposed report can be found here.

  • Sex Discrimination Proposed Rules: In January, OFCCP proposed binding regulations to replace the decades-old Sex Discrimination Guidelines. The comment period closed in April 2015 but there’s been no update on when final rules may be issued.

  • Pay Transparency: OFCCP now says September 2015 for final rules implementing employer obligations for more transparency around employee pay.  In addition to prohibiting discrimination/retaliation against applicants and employees who discuss pay, the proposed rules require:

    • Inclusion in employee handbooks of an anti-discrimination policy to be provided by OFCCP; and

    • Physical or electronic posting of the policy for applicants and employees.

  • Fair Pay and Safe Workplaces: The regulatory agenda did not provide an update with respect to any proposed regulations implementing Executive Order 13673. No date has been published for proposed regulations but a White House Fact Sheet states this Executive Order will be “implemented on new contracts in stages . . . during 2016.”

  • Construction Contractor Affirmative Action Requirements: OFCCP has for years been preparing updated regulations governing affirmative action for federal construction contractors. OFCCP’s latest projection is to release the proposed rules or comment in September 2015.

As we learn of updates we’ll pass them along so check in often and stay up-to-date.

Jackson Lewis P.C. © 2020National Law Review, Volume V, Number 146


About this Author

Mickey Silberman, Labor and Employment law attorney, Jackson Lewis Law firm, Principal

Mickey Silberman is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. He is the Chair of the Jackson Lewis Affirmative Action & OFCCP Defense Practice Group and the Co-head of the firm’s Pay Equity Resource Group.

Mr. Silberman and the practice group annually prepare thousands of affirmative action plans for employers in all industries and throughout the country. During the past several years, Mr. Silberman has directed the defense of hundreds of OFCCP audits, including successful defense of Corporate Management (“glass ceiling”) Reviews....