Legal Alert: OFCCP Begins Development of Compensation Data Collection Tool

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The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has published an Advanced Notice of Proposed Rulemaking (ANPRM) in the Federal Register seeking public input on its development and implementation of a compensation data collection tool to collect information on salaries, wages and other benefits paid to employees of federal contractors and subcontractors.

The OFCCP enforces Executive Order 11246, which prohibits federal government contractors and subcontractors from discriminating in employment practices based on race, color, sex, national origin or religion. Such employment practices include compensation. Federal contractors know all too well the extensive efforts being undertaken by the OFCCP to examine compensation data during a compliance review.

On August 10, 2011, the OFCCP published an ANPRM in the Federal Register seeking public input on its development and implementation of a compensation data collection tool to collect information on salaries, wages and other benefits paid to employees of federal contractors and subcontractors. In its news release announcing the ANPRM, the OFCCP states that "the tool would improve OFCCP's ability to gather data that could be analyzed for indicators of discrimination, such as disparities faced by female and minority workers." The deadline for submitting comments is October 11, 2011.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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