OFCCP posts fall agenda with new dates for proposed and final regulations
Click to see the OFCCP Fall Agenda here: http://www.reginfo.gov/public/do/eAgendaMain?operation=OPERATION_GET_AGENCY_RULE_LIST¤tPub=true&agencyCode=&showStage=active&agencyCd=1200
1. Construction Contractors' Affirmative Action Requirements – Proposed Rule Stage with proposal expected in September, 2015: OFCCP has been planning to make changes for several years. With very dated availability figures, a strong desire to increase female representation in construction trades and the implementation of the updated veteran and individuals with a disability regulations, construction contractors should expect big changes. It may take time for the changes to happen as proposed regulations have yet to be published. The latest expectation according to OFCCP is September, 2015.
2. Requirement to Report Summary Data on Employee Compensation (Compensation Data Collection) – Final Rule expected in August, 2015: The OFCCP is actively working on getting approval from the Office of Management & Budget (OMB) to require an annual compensation report from all contractors, not just those the OFCCP audits. The report would require contractors to submit an electronic, summary report similar to the EEO-1 report providing compensation information. Report has potential to become active in 2016.
3. Sex Discrimination Guidelines – Proposed Rule stage with proposal expected to be published in December, 2014: OFCCP has been seeking to update the regulations under 60-20 for several years.
4. Prohibitions Against Pay Secrecy Policies and Actions – Proposed Rule stage with Final Rule expected in September, 2015: New Executive Order 13665 designed to allow employees to discuss compensation without adverse action coming from their employers. Implementation expected to occur in 2015.
5. Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity – Final Rule posted to Federal Register on December 9, 2014.
b. Final Rule has been posted in the Federal Register
c. April 8, 2015 implementation, 120 days after Federal Register posting
d. There are no data collection or goals associated with this change
e. Contractors must update the EO contract clause, job ad taglines, EEO poster. New poster not available yet
f. OFCCP will audit the requirements during a compliance review
g. Amends Executive Order 11246 to update text to include individual's employment status, on the basis of that person's race, color, religion, sex, sexual orientation, gender identity, or national origin.
h. Service & Supply and Construction contracts apply
i. OFCCP will use Title VII analytical framework to determine if discrimination has occurred.