Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.

On June 14, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) announced its final rule, "Discrimination on the Basis of Sex," which sets forth the requirements that federal contractors (including subcontractors) must meet to fulfill their obligations under Presidential Executive Order 11246 (E.O. 11246).

The final rule will go into effect on Aug. 15, and protects employees of covered federal contractors (and subcontractors) from pay discrimination, sexual harassment, hostile work environments, lack of accommodations for pregnancy and childbirth, family caregiver discrimination and discrimination on the basis of gender identity or transgender status.

The OFCCP ensures employers doing business with the federal government are in compliance with discrimination and affirmative action laws and regulations. Federal contractors, or companies that contract with the federal government to provide services, supplies or other work, are subject to many special employment laws and regulations. Likewise, subcontractors, or companies that furnish supplies and services necessary to perform a federal contract, are usually subject to the same laws. The final rule applies to any business or organization that (1) holds a single federal contract, subcontract or federally assisted construction contract in excess of $10,000; (2) has federal contracts or subcontracts that, combined, total in excess of $10,000 in any 12-month period; or (3) holds government bills of lading, serves as a depository of federal funds, or is an issuing and paying agency for U.S. savings bonds and notes in any amount.

The prohibition of sex discrimination in employment by federal contractors is well-established through the OFCCP's enforcement of E.O. 11246; however, the guidelines implementing the prohibition date back to 1970 and did not reflect current Title VII of the Civil Rights Act of 1964 (Title VII) and other anti-discrimination jurisprudence.

The final rule clarifies OFCCP's interpretation of E.O. 11246 as it relates to sex discrimination, and aligns the guidelines with Title VII case law and interpretations of it by the Equal Employment Opportunity Commission (EEOC). The revisions address contemporary workplace issues and practices, ensuring that federal contractors and subcontractors do not discriminate against applicants or employees because of their sex. Further, the final rule clarifies protections for millions of employees of federal contractors and subcontractors—both men and women—and explains the obligations of contractors, eliminating the confusion and ambiguity that resulted from the former guidelines. Now, their obligations are clearly stated, which will facilitate understanding of and compliance with the sex discrimination guidelines, potentially reducing costs and increasing labor-market efficiency.

  • Brings the sex discrimination guidelines up to date with current law and addresses the realities of today's workplace. The term "sex discrimination" now includes, but is not limited to, discrimination on the basis of sex, pregnancy, childbirth, or related medical conditions, gender identity; transgender status and sex stereotyping;
  • Protects employees against discriminatory treatment because of pregnancy, childbirth, or related medical conditions, including loss of jobs, wages, or health care coverage;
  • Requires that contractors provide workplace accommodations to employees who need accommodations as a result of pregnancy, childbirth, or related medical conditions;
  • Prohibits contractors from paying workers differently because of their sex;
  • Prohibits discrimination on the basis of sex with regard to fringe benefits, such as medical, hospital, accident, life insurance and retirement benefits, profit-sharing and bonus plans, leave, and other terms, conditions and privileges of employment;
  • Prohibits sexual harassment; the term "harassment because of sex" now includes sexual harassment based on gender identity, harassment based on pregnancy, childbirth or related medical conditions, and harassment that is not sexual in nature but that is because of sex or sex-based stereotypes;
  • • Prohibits requirements for jobs and training that are based on an applicant's or employee's sex unless the contractor can meet the high bar of demonstrating that such requirements are a bona fide occupational qualification;
  • Prohibits treating female and male employees differently based on the stereotypical assumption that women are more likely to have caregiving responsibilities;
  • Protects transgender workers by making clear that sex discrimination includes discrimination because of an employee's gender identity; the term "gender identity" now refers to one's internal sense of one's own gender, and it may or may not correspond to the sex assigned to a person at birth, and may or may not be made visible to others;
  • Requires contractors to allow workers to use bathrooms, changing rooms, showers and similar facilities consistent with the gender with which the worker identifies; and
  • Prohibits discrimination based on failure to comply with expectations about how women and men should look or act or what kinds of jobs they should perform.

In summary, the final rule protects the millions of employees and applicants, both male and female, who are employed or seek to work for a company that holds a covered federal contract or subcontract. Again, the final rule is only applicable to federal contractors and subcontractors who contract for $10,000 or more in government business in one year.

As stated above, because the provisions in the final rule align with already existing federal and state law, it is expected that contractors are already in compliance with most, if not all, of these obligations. Therefore, the requirements for affected entities are likely largely unchanged by this rule. Still, it is important that contractors are aware of the changes and consult with their labor and employment counsel to ensure they are in compliance. Specifically, contractors should review their written employment policies, handbooks, job descriptions and other information that they may publish on the internet about their companies. If contractors are not yet in compliance, appropriate steps should be taken to come into compliance immediately. •

If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

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Source- http://www.ctlawtribune.com/id=1202763476496/Agency-Updates-Sex-Discrimination-Laws-for-Federal-Contractors?mcode=0&curindex=0