This Alert addresses the following:
The Office of Federal Contract Compliance (OFCCP) has issued its first Directive of the Biden Administration, the Pay Equity Audit Directive (DIR 2022-01) (Directive);
The Directive was part of numerous related Executive actions that President Biden announced for Equal Pay Day;
The Directive maintains the Trump-era Compensation Directive while also indicating that longer, more extensive audits and more information requests may be on the horizon for contractors;
Most of the Directive addressed pay equity self-audits that contractors do annually as part of affirmative action programs;
OFCCP indicated that it would be focusing on enforcing the self-audit requirement, and seeking those self-audits more often during compliance reviews;
OFCCP also provided its position on how the attorney-client and work product privileges apply to self-audits done for OFCCP compliance, as well as those done for legal advice (or a combination of both); and
Contractors must be careful to consult with counsel on how to set up their pay equity self-audits so they comply with OFCCP requirements while preserving privilege where applicable.
The Directive dovetails with President Biden’s presidential announcement on 15 March 2022 (Announcement), which outlined “critical steps that the Biden-Harris Administration is taking to advance pay equity and promote women’s...
An Indian national faces multiple charges in the US for falsely claiming citizenship to vote in the 2024 elections, risking a decade in prison. Mukeshkumar Somabhai Chaudhari, an Indian national, ...