Monday, April 8, 2013

OFCCP Rescinds Restrictions on Investigating Pay Discrimination

U.S. Department of Labor

The Office of Federal Contract Compliance Program has rescinded two enforcement guidance documents on pay discrimination originally issued in 2006, commonly known as the "Compensation Standards" and "Voluntary Guidelines." This action, to be effective Feb. 28, is intended to protect workers and strengthen OFCCP's ability to identify and remedy different forms of pay discrimination. It will enable OFCCP to conduct investigations of contractor pay practices consistent with Title VII of the Civil Rights Act of 1964.
In addition, OFCCP has introduced new guidance setting forth the procedures, analysis and protocols OFCCP will utilize going forward when conducting compensation discrimination investigations. The new approach enables OFCCP investigators to better examine practices and available evidence to uncover discrimination and evaluate contractor compliance with Executive Order 11246.
"A strong American middle class hinges on ensuring equal pay," said Acting Secretary of Labor Seth D. Harris. "As President Obama has made clear, everyone – including the wives, mothers, sisters and daughters among us – must be paid fairly and without discrimination. These new standards will strengthen our ability to ensure that women and men are fully protected under our nation's laws."
"Today, we are lifting arbitrary barriers that have prevented our investigators from finding and combating illegal pay discrimination," said OFCCP Director Patricia A. Shiu, a member of the President's National Equal Pay Task Force. "At the same time, we are providing clear guidance for contractors to facilitate their success when it comes to providing equal opportunity to all of their workers."
Visit our Resource Page here for more information, including copies of the Rescission Notice, new Policy Directive 307, Frequently Asked Questions and other materials.

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