According to the DOL’s semi-annual regulatory agenda, OFCCP intends to issue as early as December, final rules implementing Executive Order 13672, providing non-discrimination protection to individuals on the basis of sexual orientation and gender identity.

Our understanding is that OFCCP does not intend to publish the regulations in the federal register for public notice and comment prior to final implementation.  As a result, the assumption is the regulations will become effective upon issuance.

Given this, employers should soon review their policies for compliance and consider training in connection with these new non-discrimination obligations.