OFCCP Proposed Rules Could Have Dramatic Effect On Federal Contractors

On January 30, 2015, the Office of Federal Contract Compliance Programs ("OFCCP") published a Notice of Proposed Rule Making ("NPRM") that seeks to update its Sex Discrimination Guidelines ("Guidelines") to mirror the law developed through legislation and court decisions since the last major overhaul in 1970. Federal contractors will find that most of the material in the NPRM is non-controversial and matches legal requirements they already face. However, if the revised Guidelines become effective, contractors will face provisions that go above and beyond the law as developed by Congress and the courts. Further, it should be noted that legal issues may arise regarding the authority of the agency to issue guidelines that regulate employers in ways that apparently are inconsistent with statutes and court opinions. Federal contractors should stay alert to the NPRM and make their opinions known by commenting on the NPRM at the Federal Register before the window closes on