Amid great press fanfare, OFCCP reported February 26, 2013 via News Release and personal phone calls that it had released, effective February 28, 2013, the shackles the agency felt the Bush Administration had placed on the agency in 2006 and which had prevented OFCCP for the last 6 years from effectively prosecuting compensation discrimination:
“Today, we are lifting arbitrary barriers that have prevented our investigators from finding and combating illegal pay discrimination, said OFCCP Director Patricia A. Shiu, a member of the President’s National Equal Pay Task Force”, the Department of Labor’s News Release intoned.
“Prior to this action, OFCCP was constrained by a methodology adopted in 2006 that made it harder for the agency to exercise its full legal authority because it required use of the same narrow formula to review all contractor pay practices, regardless of the industry, types of jobs, issues presented or available data”, the News Release further asserted.
“The new approach described in the notice (of final rescission) will enable OFCCP investigators to better examine practices and available evidence to uncover discrimination and evaluate contractor compliance with Executive Order 11246”, the News Release concluded.
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THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.
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