Directive Also Acknowledges That “Occupation Segregation,” Not Pay Discrimination Alone, is a “driver of persistent pay disparities.”
Important: This Blog identifies four “Confusions” (and four Resolutions of those Confusions) springing from OFCCP’s new Compensation Directive 2022-01, and also includes one “Happy Observation.”
Confusion #4: The anxiety I have heard from several major vendors, companies, and defense law firms over that portion of the new Directive stating that OFCCP may obtain the “evaluations” of “compensation system(s)” contractors conduct pursuant to 41 CFR Section 60-2.17(b)(3) is overblown and should be arrested by the following observations:
1. First, please see section 7c. of OFCCP’s new Directive appearing at the top of page 3 of the 5-page Directive to find the language OFCCP has written which has caused (unnecessary and wasted) consternation primarily among some AAP vendors and some defense lawyers:
“OFCCP notes, however, that federal contractors must maintain and make available to OFCCP documentation of their compliance with OFCCP regulations. [Editor’s Note: Quite right, but only when appropriate…upon a showing of probable cause—but that is a much longer Blog for another day]. Contractors cannot withhold these documents by invoking Attorney-Client Privilege or the Attorney Work-Product Doctrine. [Editor’s Note: Quite right.] OFCCP has the authority under its regulations to request the analyses the contractor has conducted to comply with OFCCP...
The HYDRA Commissioner has clarified that HYDRA will not interfere with houses built in old layouts on ULC (Urban Land Ceiling) lands , nor with unregularised vacant plots in such layouts. He urge...