Proposed Rule - Would Prohibit Federal Contractors from Discriminating Against Workers Who Discuss Pay

Document created by 1050210 on Nov 16, 2014
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Published Date: 09/29/2014


John; Gupton

By John Gupton


The US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently announced a proposed rule that would prohibit federal contractors from maintaining pay secrecy policies. Under the terms of the proposal, federal contractors and subcontractors may not fire or otherwise discriminate against any employee or applicant for discussing, disclosing or inquiring about their compensation or that of another employee or applicant.


President Obama signed Executive Order 13665 on April 8, 2014, instructing the Secretary of Labor to propose a rule within 160 days to require pay transparency among federal contractors. The proposed rule would amend the equal opportunity clauses in Executive Order 11246 to afford protections to workers who talk about pay. It would also add definitions for compensation, compensation information, and essential job functions, terms that appear in the revised clauses.


The rule was published in the September 17, 2014 issue of the Federal Register and is open for public comment for 90 days. To read the proposed rule, visit To read a Fact Sheet on it, go to