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ARTICLE · 05 FEBRUARY 2024

Biden Administration Proposes New Pay Inquiry And Transparency Requirements For Contractors

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On January 29, 2024, the 15th anniversary of the enactment of the Lilly Ledbetter Fair Pay Act, the Biden Administration announced that it would be taking new actions to implement the Executive Order.

United StatesEmployment and HR
Guy Brenner
Guy Brenner
Olympia Karageorgiou
Olympia Karageorgiou
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On January 29, 2024, the 15th anniversary of the enactment of the Lilly Ledbetter Fair Pay Act, the Biden Administration announced that it would be taking new actions to implement the Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency issued by President Biden in March 2022. The actions impacting federal contractors – which mirror restrictions and requirements imposed by a number of states, but not currently the subject of federal law – are summarized below.

Proposed Pay History and Transparency FAR

The Federal Acquisition Regulatory Council (the "FAR Council") has published a proposed amendment to Federal Acquisition Regulation ("FAR") that would (1) prohibit covered contractors from "seeking and considering information about job applicants' compensation history when making employment decisions;" and (2) require covered contractors "to disclose the compensation to be offered to

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