OFCCP Issues Final Rule Updating Sex Discrimination Guidelines For Federal Contractors

On June 14, 2016 the Office of Federal Contract Compliance Programs (OFCCP) published the Final Rule establishing the obligations of federal contractors covered by Executive Order 11246 prohibiting sex discrimination.

As one would expect, the Final Rule is far more expansive than the 1970 guidelines which it replaces, prohibiting a broader range of activities and protecting far more employees and applicants. For example, “sex” is defined in the new Rule to include gender identity, transgender status, pregnancy and sex stereotyping. The Final Rule addresses several new sex-based barriers to equal employment and fair pay, including compensation discrimination, sexual harassment, hostile work environments, a lack of workplace accommodations for pregnant workers, gender identity and family caregiving discrimination.
The Final Rule, Department of Labor Fact Sheet, Frequently Asked Questions and a hand chart comparing the new Final Rule to the old Rule can be found at https://www.dol.gov/ofccp/sexdiscrimination.html. Employers who may be covered by EO 11246 as a Federal Contractor or subcontractor should familiarize themselves with their obligations under the new Rule.
The effective date of the Final Rule is August 15, 2016.

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