The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has published a final rule implementing Presidential Executive Order (E.O.) 13665, which prohibits federal contractors from discriminating against employees who inquire about or discuss compensation information in the workplace. The final rule will apply to contracts or subcontracts entered into or modified on or after January 11, 2016.
Although the substance of the final rule is largely unchanged from the proposal that OFCCP published in September 2014, the agency did favorably clarify the “essential job functions” defense in response to public comments.
Unfortunately, however, the final rule maintains the “mixed motive” framework for analyzing an allegation of discrimination to determine whether a violation has occurred, and also adds to contractors’ notice and posting requirements with more OFCCP-prescribed language.
More information about the rule is posted on OFCCP’s website at http://www.dol.gov/ofccp/PayTransparency.html.