View Rule

Printer-Friendly Version Download RIN Data in XML

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 Carr Director, Division of Policy and Program Development Department of Labor Office of Federal Contract Compliance Programs 200 Constitution Avenue NW., FP Building, Room C-3325, Washington, DC 20210 Phone:202 693-1159 Email: carr.debra@dol.gov