OFCCP Proposes Updated Sex Discrimination Regulations

Last week, the Office of Federal Contract Compliance Programs (OFCCP) announced a Notice of Proposed Rulemaking to “update” the regulations that govern how federal contractors and subcontractors prohibit sex discrimination. According to OFCCP, new regulations “would rescind outdated guidance, align requirements with current law, and better address the realities of today’s workplaces.” The following are among the topics clarified or addressed by the proposed language:

  • Child care leave must be equally available to men and women
  • Pregnant employees are entitled to accommodation under certain circumstances, including light-duty work
  • Sexual harassment includes conduct based on gender identity, pregnancy, childbirth, and conduct that is not sexual in nature but that is “because of sex”
  • Adverse treatment of employees because they do not conform to gender norms and expectations about their appearance, attire, or behavior, is unlawful sex discrimination

The Notice of Proposed Rulemaking was published in the Federal Register on January 30, and the public has until March 31 to submit comments. Information for submitting comments is contained in the above link.