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DOL/OFCCP RIN: 1250-AA06 Publication ID: Spring 2014 
Title: ●Non-Retaliation for Disclosure of Compensation Information 
Abstract: The Office of Federal Contract Compliance Programs (OFCCP) is responsible for enforcing Executive Order 11246, as amended, (EO 11246) which prohibits Federal Government contractors and subcontractors from discriminating against individuals in employment based on race, color, sex, religion or national origin. The EO 11246 also requires these employers to take affirmative action to provide equal employment opportunity. On April 8, 2014, the President issued Executive Order 13665 (79 FR 20749, April 11, 2014) prohibiting discrimination by federal contractors and subcontractors against certain of their employees and job applicants for disclosing compensation information, and directing the Department of Labor to propose regulations implementing this amendment to EO 11246. The new anti-retaliation EO explains that when employees are prohibited from inquiring about, disclosing, or discussing their compensation with fellow workers, compensation discrimination is much more difficult to discover and remediate, and more likely to persist. Such prohibitions also restrict the amount of information available to participants in the Federal contracting labor pool, which tends to diminish market efficiency and decrease the likelihood that the most qualified and productive workers are hired at the market efficient price. Ensuring that employees of Federal contractors may discuss their compensation without fear of adverse action will enhance the ability of Federal contractors and their employees to detect and remediate unlawful discriminatory practices, this will contribute to a more efficient market in Federal contracting. The anti-retaliation EO amends EO 11246, Section 202. OFCCP regulations at 41 CFR Part 60-1 implementing Executive Order 11246, as amended, set forth obligations of covered contractors and subcontractors. 
Agency: Department of Labor(DOL)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 41 CFR 60-1 (To search for a specific CFR, visit the Code of Federal Regulations.
Legal Authority: Executive Order titled Non-Retaliation for Disclosure of Compensation Information, issued April 8, 2014; Executive Order 11256, September 24, 1965, 30 FR 12319, as amended ; Federal and Property Administrative Services Act, 40 USC 101 et seq 
Legal Deadline:
Action Source Description Date
Other    Executive Order titled Non-Retaliation for Disclosure of Compensation Information, issued April 8, 2014.  09/30/2014 

Overall Description of Deadline: Executive Order titled Non-Retaliation for Disclosure of Compensation Information, issued April 8, 2014.

Timetable:
Action Date FR Cite
NPRM  09/00/2014   
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Debra A. Carr
Director, Division of Policy and Program Development
Department of Labor
Office of Federal Contract Compliance Programs
Room C-3325, 200 Constitution Avenue NW.,
Washington, DC 20210
Phone:202 693-0103
TDD Phone:202 693-1337
Fax:202 693-1304
Email: ofccp-public@dol.gov

 
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