OFCCP announced today proposed regulations which would replace its Sex Discrimination Guidelines.  What’s new?  First, the rules would create new obligations whereas the Guidelines were “interpretations and guidelines” regarding Executive Order 11246’s prohibition of sex discrimination.  Second, given the Guidelines were issued 40 years ago, a lot has changed.  Among other topics, OFCCP says the rules would address pay discrimination, sexual harassment, workplace accommodations for pregnancy, gender identity and family caregiving discrimination.

A copy of the proposed regulations, a fact sheet and FAQs are here.

The proposed rules are scheduled to be published in the Federal Register on January 30, 2015.  Comments on the proposed regulations will be due 60 days from their publication in the Federal Register, which would be March 31, 2015, if the regulations are published on January 30.

We encourage you to weigh-in on the proposed rules.  Many federal contractor advocacy organizations will be submitting comments.  Let your voice be heard by submitting your comments to one of those organizations, or by submitting a comment directly to OFCCP.  Your comments, identifying RIN number 1250-AA05, can be submitted to OFCCP as follows:

  •  www.regulations.gov;
  • Fax: (202) 693-1304 (for comments of six pages or less); or
  • Mail: Debra A. Carr, Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, Room C-3325, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

At 108 pages, there is a lot to digest in the proposed rules.  Check back soon for analysis of what the regulations require and how they may affect you.