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ARTICLE · 24 AUGUST 2022

OFCCP Revises Recent Pay Equity Directive

Duane Morris LLP
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On August 17, 2022, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued a revised Directive 2022-01, "Advancing Pay Equity Through Compensation Analysis," in...

United StatesEmployment and HR
Christopher Durham
Christopher Durham
Zev L. Grumet-Morris
Zev L. Grumet-Morris
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On August 17, 2022, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued a revised Directive 2022-01, "Advancing Pay Equity Through Compensation Analysis," in which the agency seeks to address concerns implicated by Directive 2022-01, issued only five months earlier, regarding the extent to which OFCCP would respect the attorney-client privilege when auditing contractors' compliance with their obligation to annually perform compensation analysis. In the revised directive, OFCCP: (1) confirms that it will not require the production of attorney-client privileged communications or attorney work product; (2) identifies the documentation the agency may require a contractor to produce in an audit to confirm compliance with its compensation analysis obligations under 41 CFR 60-2.17(b)(3); and (3) identifies the necessary information that contractors must share with OFCCP when they identify evidence of pay disparities and institute

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