With the release of the new veterans and individuals with disabilities regulations, as well as roll-out of the new scheduling letter and LGBT regulations, OFCCP accomplished a lot over the last year and it’s not done yet. The latter-half of 2015 and into 2016 looks to bring more regulatory changes. The following items remain on OFCCP’s Regulatory Agenda, including its latest projections for issuance of proposed or final regulations:

  • Breaking News: Fair Pay and Safe Workplaces: The regulatory agenda did not provide an update with respect to any proposed regulations implementing Executive Order 13673. However, we have learned that proposed regulations implementing the executive order is expected to be released this week.  We will provide an update as soon as they are available to the public.
  • Equal Pay Report: OFCCP’s latest regulatory agenda projects August 2015 for publication of these final rules.  More about the proposed report can be found here.
  • Sex Discrimination Proposed Rules: In January, OFCCP proposed binding regulations to replace the decades-old Sex Discrimination Guidelines. The comment period closed in April 2015 but there’s been no update on when final rules may be issued.
  • Pay Transparency: OFCCP now says September 2015 for final rules implementing employer obligations for more transparency around employee pay.  In addition to prohibiting discrimination/retaliation against applicants and employees who discuss pay, the proposed rules require:
    • Inclusion in employee handbooks of an anti-discrimination policy to be provided by OFCCP; and
    • Physical or electronic posting of the policy for applicants and employees.
  • Construction Contractor Affirmative Action Requirements: OFCCP has for years been preparing updated regulations governing affirmative action for federal construction contractors. OFCCP’s latest projection is to release the proposed rules or comment in September 2015.