OFCCP Unveils Its 2014 Regulatory Agenda

On November 26, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) released its semiannual regulatory agenda revealing that it plans to introduce several new regulatory initiatives in 2014.  Among those initiatives are:

Updating Affirmative Action Requirements for Construction Contractors: OFCCP intends to issue a proposed rule by April 2014 overhauling the affirmative action regulations for construction contractors.  The last revision of these regulations was in 1980.  OFCCP indicated that the dated rules for construction contractors “have proven ineffective at making meaningful progress in the employment of women and certain minorities in the construction industry.”  OFCCP intends for the new rules to implement a “new method for establishing affirmative action goals” and implement new requirements that “reflect the realities of the labor market and employment practices in the construction industry today.”

• Developing a New Compensation Tool: Over the last several years, OFCCP has expressed its intent to develop a new tool that it could use to analyze contractors’ compensation practices.  OFCCP released an Advanced Notice of Public Rulemaking in August 2011 asking for contractors to provide input on a potential compensation tool.  In the 2014 regulatory agenda, OFCCP indicated that it would be developing the new compensation tool to “identify contractors likely to violate” OFCCP’s laws and for OFCCP’s “establishment-specific, contractor-wide, and industry-wide analyses.”

• Overhauling the Sex Discrimination Guidelines: OFCCP plans to issue a proposed rule revising its sex discrimination guidelines in May 2014.  These guidelines have not been revised in more than 30 years.  OFCCP indicated that, because the current guidelines are outdated, they warrant a “regulatory lookback” so that OFCCP can “create sex discrimination regulations that reflect the current state of the law in this area.”

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Filed under Affirmative Action Plan (AAP), OFCCP

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