Sex Discrimination Regulations Revised for Federal Contractors

Posted by BAS - 06 October, 2016


The U.S. Department of Labor’s Office of Federal Contract Compliance Programs revised its sex discrimination regulation as it applies to federal contractors and subcontractors.  Now, the OFCCP guidelines mirror guidance from the Equal Employment Opportunity Commission (EEOC).

Federal contractors may not discriminate on the basis of sex; pregnancy, childbirth or related medical conditions; gender identity; transgender status; and sex stereotyping.  The rules apply to employers with a single federal contract or subcontract of more than $10,000, or with multiple contracts that exceed $10,000 in a 12 month period.

The OFCCP requires federal contractors to

  • Provide protections related to pregnancy, childbirth and related medical conditions, including extra bathroom breaks and light duty assignments.
  • Promote fair pay practices. 
  • Provide equal benefits to male and female employees participating in fringe benefit plans.
  • Prohibit sexual harassment, including unwelcome sexual advances and requests for sexual favors.
  • Give men and women equal access to jobs and workforce development opportunities.
  • Safeguard workers who provide caregiving to their loved ones.
  • Protect transgender workers, including allowing workers to use bathrooms consistent with the gender with which they identify. 

Employers should review their processes to ensure that they do not unlawfully discriminate against employees.

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