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The OFCCP Extends the Comment Period for its Sex Discrimination Notice of Proposed Rulemaking
The U.S. Department of Labor is extending the comment period by two weeks for its proposed rule governing the obligations of federal contractors and subcontractors not to discriminate on the basis of sex in their employment practices.
The extension ensures that the public has time to comment on the impact of the U.S. Supreme Court's March 25, 2015, decision in YOUNG V. UNITED PARCEL SERVICE. That decision involved application of Title VII of the Civil Rights Act of 1964 to pregnancy discrimination in the workplace. The Labor Department's Office of Federal Contract Compliance Programs (OFCCP) follows Title VII principles when enforcing the law against employment discrimination by federal contractors and subcontractors.
The OFCCP published a notice of proposed rulemaking (NPRM) in the Federal Register on January 30, 2015, with a March 31st deadline to submit comments. The comment period will be extended for all comments through Tuesday, April 14th. To read and comment on the proposed rule, please visit http://www.dol.gov/ofccp/SDNPRM/index.html
Source: Office of Federal Contract Compliance Programs (OFCCP) |
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FAQ
Q. How does this action relate to the President's recent Executive Order requiring federal contractors not to discriminate against applicants and employees based on their sexual orientation or gender identity?
A. The President recently amended Executive Order 11246 to add "sexual orientation" and "gender identity" to the list of protected categories against which covered contractors must not discriminate in employment. See http://www.dol.gov/ofccp/LGBT.html. Executive Order 11246 already includes sex as one such category; the present action would merely clarify contractors' obligations with regard to sex-based discrimination. Thus, the NPRM proposes to clarify that adverse treatment of employees on the basis of failure to conform to particular gender norms and expectations about their appearance, attire, or behavior is unlawful sex discrimination. In addition, this NPRM incorporates current legal interpretations that discrimination based on sex includes discrimination based on gender identity and transgender status. |
