OFCCP Proposes Rule to Update Sex Discrimination Guidelines for Federal Contractors | Practical Law

OFCCP Proposes Rule to Update Sex Discrimination Guidelines for Federal Contractors | Practical Law

The US Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) proposing a clarification of the requirements of employers with federal contracts and subcontracts concerning employment discrimination based on sex.

OFCCP Proposes Rule to Update Sex Discrimination Guidelines for Federal Contractors

Practical Law Legal Update 0-598-6032 (Approx. 4 pages)

OFCCP Proposes Rule to Update Sex Discrimination Guidelines for Federal Contractors

by Practical Law Labor & Employment
Published on 03 Feb 2015 • USA (National/Federal)
The US Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) proposing a clarification of the requirements of employers with federal contracts and subcontracts concerning employment discrimination based on sex.
On January 30, 2015, the US DOL's Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) proposing a clarification of the requirements of employers with federal contracts and subcontracts concerning employment discrimination based on sex. The proposed rule would revise the OFCCP's sex discrimination guidelines which have not been substantively updated since being enacted 45 years ago.
The DOL reports that current long-standing guidelines fail to address:
  • The wage practices that contribute to the wage gap between male and female employees.
  • Accommodations for those workers who are affected by pregnancy, childbirth or related medical conditions.
  • Sex-based stereotyping related to care-giving responsibilities and work performance.
The DOL intends that the proposed rule align the guidelines with current law, including by:
  • Updating the OFCCP guidelines implementing Executive Order 11246, which prohibits sex discrimination by employers with federal contracts and subcontracts.
  • Clarifying that treating an employee adversely because of gender-stereotypes about family care-giving responsibilities is discrimination.
  • Clarifying that childcare leave must be available on the same terms for men and women.
  • Confirming that contractors must provide workplace accommodations to women affected by pregnancy, childbirth and related medical conditions, comparable to those offered to employees unable to work for other reasons.
  • Clarifying issues surrounding a wage-gap and compensation discrimination.
  • Confirming that contractors must provide equal fringe-benefits and contributions for male and female employees.
  • Including as a best practice that contractors have procedures to prevent sexual harassment.
  • Clarifying that unlawful sex discrimination includes:
    • adverse treatment of employees because of their non-conformity with gender norms and expectations; and
    • discrimination based on an employees' gender identity.
  • Change the wording of the guidelines to "Discrimination on the Basis of Sex" to emphasize the illegality of its violation.
The OFCCP invites written comments on the proposed rule by fax, mail or through the federal eRulemaking website by March 31, 2015.