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DOL/OFCCP RIN: 1250-AA03 Publication ID: Spring 2016 
Title: Requirement to Report Summary Data on Employee Compensation (Compensation Data Collection) 

The Office of Federal Contract Compliance Programs (OFCCP) is responsible for enforcing Executive Order 11246, as amended, which prohibits Federal Government contractors and subcontractors from discriminating against individuals in employment based on race, color, sex, sexual orientation, gender identity, religion or national origin.  It also prohibits discrimination based on an employee discussing his/her pay or the pay of a coworker.  The Executive Order 11246 also requires these employers to take affirmative action to provide equal employment opportunity.  On April 8, 2014, President Barack Obama issued a memorandum to the Secretary of Labor, directing him to propose, within 120 days of the date of the memorandum, a rule that would require Federal contractors and subcontractors to submit to the Department of Labor summary data on the compensation paid to their employees, including data by sex and race. While working women have made extraordinary progress over the past five decades since enactment of the Equal Pay Act of 1963, they still earn less than their male counterparts.  Full-time African American women earn 64 cents and Latina women earn 56 cents for every dollar earned by white non-Hispanic men.  This pay differential shortchanges women and their families by thousands of dollars a year, and potentially hundreds of thousands of dollars over a lifetime. As one way of addressing these disparities, in January 2016, OFCCP and EEOC announced a joint effort that would require employers, including Federal contractors, to submit aggregate compensation data starting in 2017.  Both agencies would make other aggregate pay information available to the public.  Federal law, including Executive Order 11246, the Equal Pay Act of 1963, and Title VII of the Civil Rights Act of 1964, prohibit pay discrimination. 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: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 41 CFR 60-1     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Presidential Memorandum, Advancing Pay Equality Through Compensation Data Collection (issued April 8, 2014)    E. O. 11256, September 24, 1965, 30 FR 12319, as amended   
Legal Deadline:  None
Action Date FR Cite
ANPRM  08/10/2011  76 FR 49398   
ANPRM Comment Period End  10/11/2011 
NPRM  08/08/2014  79 FR 46562   
NPRM Comment Period End  11/06/2014 
NPRM Comment Period Extended  11/05/2014  79 FR 65613   
NPRM Comment Period Extended End  01/05/2015 
Final Rule  To Be Determined 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 1215-AB80 
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