Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with respect to sex discrimination. In the proposed rule, OFCCP addressed potential barriers to equal opportunity and fair pay for women in the workplace, including discriminatory wage practices, sexual harassment, workplace accommodations for pregnancy, sex stereotyping, gender identity protections, and family caregiving discrimination.
On October 29, 2015, OFCCP sent its final Discrimination on the Basis of Sex regulations to the Office of Management and Budget’s (“OMB”) Office of Information and Regulatory Affairs for review and approval. By sending the regulations to OMB, OFCCP has completed its part of the review process. However, these regulations are not yet final. The regulations will not become final and public until OMB completes its review. According to OFCCP’s Unified Agenda, the regulations are scheduled to become final sometime in December 2015.