Posts in August
OFCCP has posted Directive 2014-02, Gender Identity and Sex Discrimination (DIR 2014-02).
On June 30, 2014, the Secretary announced that DOL is updating its enforcement protocols and nondiscrimination guidance to reflect that DOL provides the full protection of the federal nondiscrimination laws that it enforces to individuals with claims of gender identity and transgender status discrimination. In accordance with this announcement, as well as with the EEOC’s decision in Macy v. Holder and the Title VII case law on which it is based, DIR 2014-02 clarifies that under Executive Order 11246, as amended, discrimination on the basis of sex includes discrimination on the bases of gender identity and transgender status.
The directive reaffirms that in compliance evaluations and complaint investigations, OFCCP fully investigates and seeks to remedy instances of sex discrimination that occur because of an individual’s gender identity or transgender status. The directive explains that, when investigating such instances of potential discrimination, OFCCP adheres to the existing Title VII framework for proving sex discrimination, as outlined in OFCCP’s Federal Contract Compliance Manual.
DIR 2014-02 takes effect immediately.
The directive is available at http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_02.html.
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National Industry Liaison Group Welcomes Assistant Secretary Martinez
At the annual conference of the National Industry Liaison Group (NILG) on August 7 in Washington, DC, assistant secretary of labor for disability employment policy Kathy Martinez spoke to an audience of about 700 equal employment opportunity and affirmative action professionals from around the country. Her remarks focused on civil rights, Section 503 and strategies to encourage employees to self-disclose their disabilities, and ways to build an inclusive workplace. “It’s important for you to recognize that, as federal contractors, you lead the way, not only in what you do, but also how you do it,” Martinez said. The conference also featured secretary of labor Tom Perez, who delivered opening remarks on the first day of the conference and director of the Office of Federal Contract Compliance Programs Patricia Shiu, who made conference closing remarks.
Rule to collect summary pay data from federal contractors
proposed by US Labor Department
Equal Pay Report would help combat pay discrimination
WASHINGTON – The U.S. Department of Labor today announced a proposed rule requiring federal contractors and subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs. Under the terms of the proposal, this requirement would apply to companies that file EEO-1 reports, have more than 100 employees and hold federal contracts or subcontracts worth $50,000 or more for at least 30 days. Through the Equal Pay Report, OFCCP would be able to collect summary employee pay and demographic data using existing government reporting frameworks. read more
OFCCP Posts New FAQs on the Employer-Employee Relationship
OFCCP has posted Frequently Asked Questions (FAQs) addressing how federal contractors should assess their employment relationships to distinguish “employees” from “independent contractors” or other non-employee workers. The FAQs describe what are commonly referred to as the “Darden” factors, derived from the 1992 Supreme Court decision in Nationwide Mutual Insurance Co. v. Darden, and provide examples illustrating their application in determining which workers are employees.
The FAQs are available at http://www.dol.gov/ofccp/regs/compliance/faqs/Employer-Employee_Relationship.html.