On June 15, 2016, the Office of Federal Contract Compliance Programs (OFCCP) published the Final Rule updating the Sex Discrimination Guidelines in the Federal Register, revising the previous regulations found at 41 CFR 60-20. The final rule takes effect on August 15, 2016. The Federal Register publication can be found at: https://www.gpo.gov/fdsys/pkg/FR-2016-06-15/pdf/2016-13806.pdf. The actual regulations begin on page 39166.
The Final Rule updates the Sex Discrimination Guidelines from 1970, now titled Discrimination On The Basis Of Sex, with new regulations that align with current law. The new rule protects employees from discriminatory treatment because of pregnancy, childbirth, or related medical conditions. The final rule also promotes fair pay practices by prohibiting contractors from denying training opportunities, opportunities for overtime work, better pay, or higher-paying positions because of an employee or applicant’s sex.
The final rule now explicitly addresses gender identity and protects transgender workers by making clear that sex discrimination includes discrimination because of an employee’s gender identity. This is in line with Executive Order 13672, signed by President Obama on July 21, 2014, which amended Executive Order 11246 to include gender identity and sexual orientation in the list of impermissible bases of discrimination. The Final Rule requires contractors to allow workers to use the bathrooms, changing rooms, showers, and similar facilities consistent with the gender with which the workers identify.
Please contact us by calling (732) 446-2529 or sending us an e-mail at glennbarlett@gbcs.net if you are interested in discussing the revised sex discrimination rule.