The Office of Federal Contract Compliance Programs (OFCCP) recently announced the rescission of two 2006 guidance documents related to the evaluation of compensation practices of government contractors: (1) Interpreting Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation Discrimination ("Compensation Standards"), 71 Fed. Reg. 35124, and (2) Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance with Nondiscrimination Requirements of Executive Order 11246 ("Voluntary Guidelines"), 71 Fed. Reg. 35114. See 78 Fed. Reg. 13508.
The Compensation Standards described the analytical procedures the OFCCP would follow when issuing a notice of violation for systemic pay discrimination, and the Voluntary Guidelines contained a set of procedures contractors could choose to follow to show compliance with the OFCCP’s regulatory self-analysis requirement. The OFCCP withdrew these guidance documents finding that neither "proved workable or effective in practice." 78 Fed. Reg. 13509.
