OFCCP Issues Final Gender Discrimination Rules for Federal Contractors
On June 14, the Office of Federal Contract Compliance Programs (OFCCP) updated its sex discrimination guidelines for federal contractors. The guidelines, which go into effect August 15, are consistent with Title VII guidelines but go beyond existing legal guidance with regard to pregnancy-related workplace accommodations, sex stereotyping, gender identity, leave and fringe benefits, and pay discrimination. Best practices are also included.
Pregnancy Accommodation and Discrimination. Requires contractors to provide workplace accommodations, such as extra bathroom breaks and light-duty assignments, to an employee who needs such accommodations because of pregnancy, childbirth or related medical conditions, in circumstances where the contractor provides comparable accommodations to other workers with injuries or disabilities.
Sex Stereotyping Discrimination. Prohibits treating applicants or employees adversely because they do not comply with expectations about what jobs they can do or how they should look or act.
Transgender and Gender Identity Protections. Reinforces that sex discrimination includes discrimination based on sexual orientation or gender identity.
Leave and Fringe Benefits Equality. Entitles male and female employees to childcare leave and sick leave on the same terms and requires equal benefits and equal contributions for male and female employees participating in any fringe-benefit plan.
Pay Practice Guidelines. Prohibits paying workers differently because of their gender with regard to overtime work, upward mobility to higher paying positions and training
Prohibits Sexual Harassment. Prohibits unwelcome sexual advances, offensive remarks about an individual’s gender, requests for sexual favors and other physical conduct or verbal statements of a sexual nature that creates a hostile work environment, unreasonably interferes with an individual’s work performance or becomes the basis for employment decisions.
Equal Access to Jobs and Workforce Development. Men and women are to enjoy equal access to jobs and workforce development opportunities.
DOL Website on OFCCP Guidelines
Knowledge Center – Civil Rights Act of 1964 Toolkit
Knowledge Center – Equal Pay Act Toolkit
Knowledge Center – Pregnancy Discrimination Toolkit