WASHINGTON – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced a proposed rule that would prohibit federal contractors from maintaining pay secrecy policies. Under the terms of the proposal, federal contractors and subcontractors may not fire or otherwise discriminate against any employee or applicant for discussing, disclosing or inquiring about their compensation or that of another employee or applicant.
“Workers cannot solve a problem unless they are able to identify it. And they cannot identify it if they aren’t free to talk about it without fear of reprisal,” said OFCCP Director Patricia A. Shiu. “Pay transparency isn’t just good for workers. It’s good for business. Fairness and openness are great qualities for a company’s brand.”
President Obama signed Executive Order 13665 on April 8, instructing the secretary of labor to propose a rule within 160 days to require pay transparency among federal contractors. The proposed rule, available for public inspection today, would amend the equal opportunity clauses in Executive Order 11246 to afford protections to workers who talk about pay. It would also add definitions for compensation, compensation information, and essential job functions, terms which appear in the revised clauses. The proposal also establishes two types of defenses that contractors can use against allegations of discrimination under EO 13665. read more
OFCCP recently requested approval to modify the Voluntary Self-Identification of Disability Form to allow for a drop-down menu of the three possible responses, rather than check boxes or radio buttons. The requested changes came in response to contractor suggestions. The revised form would ask the questions “Do you have a disability” followed by a drop-down menu with the three response options: Yes, I have a disability (or previously had a disability); No, I don’t have a disability; and I don’t wish to answer. The functionality of the proposed form would also apparently allow an individual to leave the drop-down box empty, as with a hard copy form. OFCCP has also requested approval of the form in seven languages, in addition to English and Spanish.
For more information about “Voluntary Self-Identification of Disability Form” Please contact us at email@example.com
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.
For more information about OFCCP Posts New Directive on Gender Identity and Sex Discrimination please contact firstname.lastname@example.org
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.
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FURTHER AMENDMENTS TO EXECUTIVE ORDER 11478,
EQUAL EMPLOYMENT OPPORTUNITY IN THE FEDERAL GOVERNMENT,
AND EXECUTIVE ORDER 11246, EQUAL EMPLOYMENT OPPORTUNITY
By the authority vested in me as President by the Constitution and the laws of the United States of America, including 40 U.S.C. 121, and in order to provide for a uniform policy for the Federal Government to prohibit discrimination and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity, it is hereby ordered as follows:
Section 1. Amending Executive Order 11478. The first sentence of section 1 of Executive Order 11478 of August 8, 1969, as amended, is revised by substituting “sexual orientation, gender identity” for “sexual orientation”.
Sec. 2. Amending Executive Order 11246. Executive Order 11246 of September 24, 1965, as amended, is hereby further amended as follows: read more
National Disability Employment Awareness Month
Expect. Employ. Empower.
The 2014 National Disability Employment Awareness Month (NDEAM) poster is now available, both for order in hard copy and online, along with several other tools that can assist organizations in planning for this year’s observance, including sample articles, proclamations and press releases. Held each October, National Disability Employment Awareness Month (NDEAM) is a national campaign that raises awareness about disability employment issues and celebrates the many and varied contributions of America’s workers with disabilities. The theme for 2014 is “Expect. Employ. Empower.”
NDEAM’s roots go back to 1945, when Congress enacted a law declaring the first week in October each year “National Employ the Physically Handicapped Week.” In 1962, the word “physically” was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities. In 1988, Congress expanded the week to a month and changed the name to “National Disability Employment Awareness Month.” Upon its establishment in 2001, ODEP assumed responsibility for NDEAM and has worked to expand its reach and scope ever since.
To get the poster click here http://www.dol.gov/odep/topics/ndeam/resources.htm#Poster
For most employers, change comes from within. Organizational readiness, positive recruitment efforts, and corporate culture are among the most important strategies employers can utilize to improve hiring and retention outcomes for people with disabilities and veterans. This FAQ discusses some key strategies, including: (1) leveraging finite human resources capabilities and personnel; (2) focusing on organization-wide, supervisor and employee training needs; (3) utilizing external partnerships for effective recruitment outreach; (4) ensuring general website and career portal accessibility; (5) improving marketing and on-line presence; and (6) leveraging technical assistance outlets to foster an inclusive workplace and provide reasonable accommodations.
Research shows that supervisors who work in inclusive workplaces tend to rate the performance of employees with disabilities as equal to that of their peers without disabilities. Providing training opportunities and resources to supervisors constitutes a cost-effective strategy for enhancing workplace inclusivity and attracting/retaining people with disabilities and veterans. Training is also a powerful tool to reduce unconscious bias, facilitate inclusive work environments, and equip management and staff with the information and resources needed to support co-workers with disabilities and veteran co-workers. Successful training strategies may utilize existing awareness-building opportunities (for example, National Disability Employment Awareness Month), or may include disability as an aspect of existing opportunities such as mentoring and internship programs. read more
WASHINGTON, DC (June 26, 2014) – Today, the US Business Leadership Network® (USBLN®) and the American Association of People with Disabilities (AAPD) unveiled the first Annual Disability Equality IndexSM (DEISM). Created by the DEI Advisory Committee, a diverse group of business leaders, policy experts, and disability advocates, the DEI is an online benchmarking tool that offers businesses the opportunity to receive an objective score, on a scale of zero to 100, on their disability inclusion policies and practices. The first Annual DEI is scheduled to launch in October 2014. read more