What the Revised Pay Transparency Nondiscrimination Provision Means

As outlined in the Pay Transparency rule, federal contractors who enter into a new or modified contract of $10,000 or more on or after January 11, 2016 must not discharge or otherwise discriminate against employees or job applicants for discussing, disclosing, or inquiring about compensation.

OFCCP recently revised the Pay Transparency Nondiscrimination Provision language that federal contractors are required to include and post conspicuously for applicants and employees in electronic or hard copy versions of employee handbooks/manuals or as part of a separate Pay Transparency policy. It is important to note, the only difference is a citation to the regulation “41 C.F.R. 60-1.35 (c)” at the end of the conclusion of the notice.

If you have already incorporated the Pay Transparency Nondiscrimination Provision language into your handbooks/policies prior to December 2016, DCI recommends at minimum that you update your electronic postings with the revised language as soon as possible and then proceed with updates to your hard copy materials when it makes the most sense for your organization.

By:  Jeff Henderson, M.P.S., Associate Consultant and Yesenia Avila, M.P.S., Associate Consultant at DCI Consulting Group

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