Updated Sex Regulations Require No New Imposed Policy Changes

On June 15, 2016, OFCCP published its final rule updating the sex discrimination guidelines (41 C.F.R. part 60-20) from their period of dormancy since the 1970s. The long-awaited revisions, while reinforcing already-established sex discrimination principles from the dated publication, bring the regulations in line with current Title VII law and Supreme Court interpretations. Impacting federal supply and service contractors and subcontractors, as well as federally assisted construction contractors and subcontractors, the new regulations become effective on August 15, 2016. Here are the main takeaways:

• There are no new imposed policy changes. For the most part, contractors should already be up-to-date with many of the policies and procedures outlined in the new rule.
• Targeted outreach and recruitment efforts toward females as part of Executive Order 11246 affirmative action requirements will not violate these rules.
• Proposed language referring to the requirement of contractors paying “equal” wages to similarly situated employees was removed in the final rule and, instead, replaced with language stating it will be a violation if wages, benefits, or other compensation are a result in whole or in part of the application of any discriminatory compensation decision or other practice.
• There is a featured section on best practices in promoting gender neutral equal employment opportunity.

For more on the updated sex discrimination rules, be sure to visit the OFCCP website for a fact sheet, frequently asked questions, crosswalk of the old guidelines to the new final rule, and other resources.

By Jeff Henderson, Associate Consultant and Keli Wilson, Principal Consultant at DCI Consulting Group