The Office of Federal Contract Compliance Programs ("OFCCP") rescinded prior guidance on pay discrimination investigations and issued a new Compensation Directive, effective February 28, 2013, governing procedures to be used in reviews of federal contractor and subcontractor compensation systems and practices. The OFCCP stated that the prior guidance documents too narrowly limited the types of information that it could consider in its investigations of pay discrimination and have not proved effective. The new Directive is designed to align compensation investigations with Title VII's case-specific standards and allow the OFCCP to utilize a broader, more flexible approach. The new investigation procedures apply to OFCCP compliance reviews scheduled on or after February 28, 2013 as well as to certain open reviews to the extent they do not conflict with prior guidance or procedures.
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