OFCCP Revises Its Pay Equity Directive

As we previously reported, in March of this year, OFCCP issued its first directive of the Biden Administration – Directive 2022-01 (the "Directive") – which addressed the issue of contractors' obligations to conduct analyses of their compensation systems, as well as the agency's expectations regarding providing those analyses when under audit. The Directive received a lot of (mostly negative) attention, for appearing to indicate the agency would demand privileged pay equity analyses during audits, as well suggesting that contractors are obligated by regulation to conduct full pay equity analyses.

Now, five months after issuing the Directive, the agency has issued significant revisions to it. As summarized in its announcement, the Directive has been revised in three main ways: