OFCCP Publishes Proposed Rescission of Compensation Guildeines

On January 3rd, the OFCCP posted their proposal in the Federal Register to rescind the compensation guidelines published in 2006. The purpose being that OFCCP has found the previous guidelines to be too restrictive and that new guidelines are necessary to provide OFCCP with the tools to meet President Obama's desire to eliminate pay inequities.

Below is a exerpt taken from the January 3rd posting. Note that the public comment period ends on March 4th.

http://www.regulations.gov/#!documentDetail;D=OFCCP-2011-0001-0001

DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

41 CFR Parts 60-1 and 60-2

RIN 1250-ZA00


Interpretive Standards for Systemic Compensation Discrimination
and Voluntary Guidelines for Self-Evaluation of Compensation Practices
Under Executive Order 11246; Notice of Proposed Rescission

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Notice of proposed rescission.

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SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is
proposing to rescind two guidance documents addressing compensation
discrimination: Interpreting Nondiscrimination Requirements of
Executive Order 11246 with respect to Systemic Compensation
Discrimination (Standards) and Voluntary Guidelines for Self-Evaluation
of Compensation Practices for Compliance with Executive Order 11246
with respect to Systemic Compensation Discrimination (Voluntary
Guidelines). OFCCP is proposing to rescind the Standards which have
limited OFCCP's ability to effectively investigate, analyze and
identify compensation discrimination. In so doing, OFCCP will continue
to adhere to the principles of Title VII of the Civil Rights Act of
1964, as amended (Title VII) in investigating compensation
discrimination and will reinstitute flexibility in its use of
investigative approaches and tools. OFCCP also proposes to establish
procedures for investigating compensation discrimination through the
traditional means of using its compliance manual, directives and other
staff guidance. OFCCP is proposing to rescind the Voluntary Guidelines
because they are largely unused by the Federal Government contracting
community and have not been an effective enforcement strategy.

DATES: Comments must be received on or before March 4, 2011.

ADDRESSES: You may submit comments, identified by number 1250-ZNE, by
any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 693-1304 (for comments of 6 pages or fewer).
Mail: Director, Division of Policy, Planning, and Program
Development, Office of Federal Contract Compliance Programs, Room
N3422, 200 Constitution Avenue, NW., Washington, DC 20210.
Receipt of submissions will not be acknowledged; however, the
sender may request confirmation that a submission has been received by
telephoning OFCCP at (202) 693-0102 (voice) or (202) 693-1337 (TTY)
(these are not toll-free numbers).
All comments received, including any personal information provided,
will be available online at http://www.regulations.gov and for public
inspection during normal business hours at Room C3325, 200 Constitution
Avenue, NW., Washington, DC 20210. Individuals needing assistance to
review comments will be provided with appropriate aids such as readers
or print magnifiers. Copies of this Notice of Proposed Rescission will
be made available in the following formats: Large print; Braille;
electronic file on computer disk; and audiotape. To schedule an
appointment to review the comments and/or to obtain this Notice of
Proposed Rescission in an alternate format, contact OFCCP at the
telephone numbers or address listed above.

FOR FURTHER INFORMATION CONTACT: Director, Division of Policy,
Planning, and Program Development, Office of Federal Contract
Compliance Programs, 200 Constitution Avenue, NW., Room N3422,
Washington, DC 20210. Telephone: (202) 693-0102 (voice) or (202) 693-
1337 (TTY).