On April 29th, 2014, the OFCCP hosted a “Listening Session” to solicit comments from the government contractor community regarding suggested implementing regulations for Executive Order 13665 (“EO 13665”) and a new Presidential Memorandum, which were signed by President Obama on April 8, 2014.

EO 13665 prohibits discrimination and retaliation against employees who discuss their compensation or compensation related issues.  The Presidential Memorandum directs the OFCCP to implement regulations governing a new race and gender compensation data collection tool for government contractors and subcontractors.  The Executive Order requires that the Secretary of Labor propose implementing regulations by September 15, 2014 while the Presidential Memorandum requires proposed regulations by August 6, 2014.

The OFCCP’s listening session provided the contractor community with an opportunity to comment on the compensation tool’s implementation, and the OFCCP with the opportunity to obtain information about how Human Resources departments store their data and the challenges associated with analyzing and reporting data required by the Presidential Memorandum.  The Agency also solicited contractor community feedback with respect to EO 13665 regulations.  Suggestions included providing notices of rights to employees and applicants and amending Equal Employment Opportunity Policy Statements.

Contractors can expect several more listening sessions in the upcoming months, and contractors will have the opportunity to formally comment after the OFCCP issues the proposed regulations. In the meantime, Proskauer will continue to monitor compensation tool and EO 13665 developments.