New OFCCP Directive on Gender Identity and Sex Discrimination

OFCCP News and Updates

From OFCCP Director Patricia Shiu:

OFCCP has posted Directive 2014-02,
Gender Identity and Sex Discrimination (DIR 2014-02).

On June 30, 2014, the Secretary announced that DOL is updating its enforcement protocols and nondiscrimination guidance to reflect that DOL provides the full protection of the federal nondiscrimination laws that it enforces to individuals with claims of gender identity and transgender status discrimination. In accordance with this announcement, as well as with the EEOC’s decision in Macy v. Holder and the Title VII case law on which it is based, DIR 2014-02 clarifies that under Executive Order 11246, as amended, discrimination on the basis of sex includes discrimination on the bases of gender identity and transgender status.

The directive reaffirms that in compliance evaluations and complaint investigations, OFCCP fully investigates and seeks to remedy instances of sex discrimination that occur because of an individual’s gender identity or transgender status. The directive explains that, when investigating such instances of potential discrimination, OFCCP adheres to the existing Title VII framework for proving sex discrimination, as outlined in OFCCP’s Federal Contract Compliance Manual.

DIR 2014-02 takes effect immediately.

The directive is available at

OFCCP Compensation Directive Webinar

Well, we can’t say we didn’t see it coming!

BCGi - Online HR EEO TrainingJoin senior executives from Biddle Consulting Group’s Institute for Workforce Development (BCGi) as they discuss the long-awaited Compensation Directive. This directive outlines OFCCP’s own procedures for reviewing contractor compensation systems and practices during a compliance evaluation. BCGi will unravel the directive and discuss what it is, what it actually means to federal contractors, and how to best prepare for what will undoubtedly be a very rough ride. Given the current state of enforcement, past (largely) failed attempts at enforcing compensation, and the amount of pressure the OFCCP is under to “get it right” this time, this presentation is a “must see” for federal contractors.

Link to the New OFCCP Directive:

Space is limited. Register today!
Wednesday, March 6th at 10:00 AM PST

This event has passed. However, if you missed it the first time you can watch the recording!

For a limited time, the recording Understanding OFCCP Compensation Directive 307 – Part I with Patrick Nooren and Dan Kuang is unlocked and can viewed without a BCGi Platinum membership. Usually BCGi webinar recordings are available on demand to BCGi Platinum members only.

And don’t forget to register for Part II where Patrick and Dan will take a deeper look into the Directive.

OFCCP Directive Focuses on Employer Use of Criminal Background Checks

Contractors beware – OMB NO.: 1250-0006 takes effect IMMEDIATELY.

SUBJECT: Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin

PURPOSE: The purpose of this Directive is to provide information to federal contractors and subcontractors, federally-assisted construction contractors and subcontractors (contractors) and to OFCCP personnel about:

  1. the circumstances in which exclusions of applicants or employees based on their criminal records may violate existing nondiscrimination obligations;
  2. the Training and Employment Guidance Letter (TEGL) 31-11 issued on May 25, 2012 to the American Job Center network and other covered entities in the public workforce system by the Department of Labor’s Employment and Training Administration (ETA) and Civil Rights Center (CRC); and
  3. the Enforcement Guidance issued by the Equal Employment Opportunity Commission (EEOC) on April 25, 2012.

What does this mean to you as an employer with greater than 15 employees and/or a federal contractor governed by EO 11246?

  1. First and foremost, analyze your data to determine whether or not the screening device creates disparate impact and
  2. if you discover disparate impact ensure that the screening device is validated using the UGESP, or at a minimum, meets three criteria found in EEOC’s Enforcement Guidance:
    • Nature and Gravity of the Offense or Conduct
    • Time That Has Passed Since the Offense, Conduct and/or Completion of the Sentence
    • Nature of the Job Held or Sought
Download a Summary of the EEOC Enforcement Guidance Regarding Criminal Background Checks
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The full OFCCP post can be found here:

Biddle Consulting Group can assist your organization with the development of customized employment tests and/or help you create and validate your tests using TVAP (Test Validation and Analysis Program). To learn more about assistance options visit the links below or give us a call (800-999-0438).

Further Resources: