As scheduled, OFCCP has announced issuance of its final rules implementing the President’s recent Executive Order prohibiting discrimination for on the basis of sexual orientation and gender identity.

As we previously mentioned, OFCCP is releasing the final rule without a public comment period.

The final rules are not yet available for public review.   However, OFCCP has released FAQs which provide insight into the requirements of the final rules, such as the following:

  • The Final Rule will become effective 120 days after publication in the federal register and will apply to federal contracts entered into or modified after that date.
  • The Final Rule will not require contractors to collect any information about applicants’ or employees’ sexual orientation or gender identity.
  • The Final Rule will not require contractors to conduct any data analysis with respect to the sexual orientation or gender identity of their applicants or employees.