OFCCP promises to expand investigations of pay discrimination by federal contractors

The Department of Labor's Office of Federal Contract Compliance Programs (“OFCCP”) has issued a new Directive (No. 307). The Directive establishes policy for the OFCCP's investigation of federal contractors' compliance with Executive Order 11246. That executive order prohibits federal contractors from discriminating in “rates of pay or other forms of compensation.”

The OFCCP signaled that this new Directive will expand the scope of investigations into pay disparities. Investigators are instructed to analyze contractors' pay data from a variety of angles and using a variety of techniques. Investigators are specifically instructed to use a “case-by-case approach” to determine whether there is pay discrimination.
You can read Directive No. 307 here: http://www.dol.gov/ofccp/regs/compliance/directives/dir307.htm

By Sean Graham

Legal Developments