5246 Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Proposed Rules DEPARTMENT OF LABOR • Mail: Debra A. Carr, Director, subcontractors and federally assisted Division of Policy, Planning, and construction contractors and Office of Federal Contract Compliance Program Development, Office of Federal subcontractors must meet in fulfilling Programs Contract Compliance Programs, Room their obligations under Executive Order C–3325, 200 Constitution Avenue NW., 11246, as amended, to ensure 41 CFR Part 60–20 Washington, DC 20210. nondiscrimination in employment on Receipt of submissions will not be the basis of sex and to take affirmative [01 14 15 OFCCP] acknowledged; however, the sender may action to ensure that applicants are request confirmation that a submission RIN 1250–AA05 employed, and that employees are has been received by telephoning treated during employment, without Discrimination on the Basis of Sex OFCCP at (202) 693–0104 (voice) or regard to their sex. The OFCCP is (202) 693–1337 (TTY) (these are not toll- charged with enforcing Executive Order AGENCY: Office of Federal Contract free numbers). 11246, as amended (‘‘Executive Order’’), Compliance Programs, Labor. All comments received, including any which prohibits covered Federal ACTION: Notice of proposed rulemaking. personal information provided, will be Government contractors and available for public inspection during subcontractors and federally assisted SUMMARY: The U.S. Department of normal business hours at Room C–3325, construction contractors and Labor’s (‘‘DOL’’) Office of Federal 200 Constitution Avenue NW., subcontractors (‘‘contractors’’) from Contract Compliance Programs Washington, DC 20210, or via the (‘‘OFCCP’’) is proposing regulations that discriminating in employment on the Internet at http://www.regulations.gov. basis of race, color, religion, sex, sexual would set forth requirements that Upon request, individuals who require orientation, gender identity, or national covered Federal Government contractors assistance to review comments will be origin.2 The Executive Order also and subcontractors and federally provided with appropriate aids such as requires contractors to ensure equal assisted construction contractors and readers or print magnifiers. Copies of employment opportunity for employees subcontractors must meet in fulfilling this Notice of Proposed Rulemaking and applicants for employment without their obligations under Executive Order (NPRM) will be made available in the 11246, as amended, to ensure following formats: Large print, regard to race, color, religion, sex, nondiscrimination in employment on electronic file on computer disk, and sexual orientation, gender identity, or the basis of sex and to take affirmative audiotape. To schedule an appointment national origin and to take affirmative action to ensure that applicants are to review the comments and/or to obtain action to ensure that applicants are employed, and that employees are this NPRM in an alternate format, please employed, and that employees are treated during employment, without contact OFCCP at the telephone treated during employment, without regard to their sex. This proposal would numbers or address listed above. regard to the enumerated bases. OFCCP interprets the nondiscrimination substantially revise the existing Sex FOR FURTHER INFORMATION CONTACT: provisions of the Executive Order Discrimination Guidelines, which have Debra A. Carr, Director, Division of consistent with the principles of title VII not been substantively updated since Policy, Planning and Program of the Civil Rights Act of 1964 (‘‘title 1970, and replace them with regulations Development, Office of Federal Contract VII’’),3 which is enforced, in large part, that align with current law and legal Compliance Programs, 200 Constitution by the Equal Employment Opportunity principles and address their application Avenue NW., Room C–3325, to current workplace practices and Washington, DC 20210. Telephone: Commission (‘‘EEOC’’), the agency issues. Most of the proposed provisions (202) 693–0104 (voice) or (202) 693– responsible for coordinating the Federal in this NPRM would clarify well- 1337 (TTY). government’s enforcement of all Federal established case law or applicable statutes, Executive Orders, regulations, SUPPLEMENTARY INFORMATION: requirements from other Federal and policies requiring equal agencies and therefore would not Executive Summary employment opportunity.4 change existing requirements for entities Purpose of the Regulatory Action The Sex Discrimination Guidelines at affected by this rule. The NPRM’s 41 CFR part 60–20 (‘‘Guidelines’’) set approach with respect to pregnancy The U.S. Department of Labor’s forth interpretations and guidelines for accommodation is consistent with the (‘‘DOL’’) Office of Federal Contract implementing the Executive Order’s interpretation of the Pregnancy Compliance Programs (‘‘OFCCP’’) is nondiscrimination and affirmative Discrimination Act adopted by the proposing regulations that would set 1 action requirements related to sex. Equal Employment Opportunity forth requirements that covered These Guidelines have not been Commission (EEOC) and by the Federal Government contractors and substantively updated since they were Government in Young v. United Parcel Serv., Inc., 707 F.3d 437 (4th Cir. 2013), 1 41 CFR 60–1.5 exempts certain Federal and federally assisted contractors and subcontractors 2 Executive Order 13672, issued on July 21, 2014, cert. granted (U.S. No. 12–1226, July 1, from coverage. That section exempts contracts and added sexual orientation and gender identity to 2014). subcontracts not exceeding $10,000 (§ 60–1.5(a)(1)); Executive Order 11246 as prohibited bases of DATES: To be assured of consideration, certain contracts and subcontracts for indefinite discrimination. It applies to contracts entered into quantities (§ 60–1.5(a)(2)); work performed outside on or after April 8, 2015, the effective date of the comments must be received on or before the United States by employees who were not implementing regulations promulgated thereunder. March 31, 2015. recruited within the United States (§ 60–1.5(a)(3)); 3 Title VII of the Civil Rights Act of 1964, 42 ADDRESSES: You may submit comments, contracts with certain religious entities and U.S.C. 2000e–2000e–17; U.S. Department of Labor, educational institutions (§ 60–1.5(a)(5) and (6)); Office of Federal Contract Compliance Programs, identified by RIN number 1250–AA05, specific contracts and facilities exempted by the Federal Contract Compliance Manual, ch. 2, by any of the following methods: Director of the OFCCP when required by ‘‘special § 2H01(c), available at http://www.dol.gov/ofccp/ • Federal eRulemaking Portal: circumstances in the national interest’’ (§ 60– regs/compliance/fccm/FCCM_FINAL_508c.pdf (last www.regulations.gov. Follow the 1.5(b)(1)) or because they are ‘‘separate and distinct accessed June 6, 2014) (hereinafter FCCM). 4 instructions for submitting comments. from activities . related to the performance of Executive Order 12067, 43 FR 28967, 3 CFR, • the contract or subcontract’’ (§ 60–1.5(b)(2); and 1978 Comp., p. 206. The U.S. Department of Justice Fax: (202) 693–1304 (for comments contracts determined to be essential to the national also enforces portions of title VII, as do state Fair of six pages or less). security (§ 60–1.5(c)). Employment Practice Agencies (FEPA). VerDate Sep<11>2014 20:35 Jan 29, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\30JAP2.SGM 30JAP2 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Proposed Rules 5247 first promulgated in 1970,5 and fail to utilization of all available manpower’’). The requirements in Executive Order conform to or reflect current title VII Executive Order 11246 regulations 11246 generally apply to any business jurisprudence or to address the needs require government contractors to or organization that (1) holds a single and realities of the modern workplace. conduct outreach to broaden the Federal contract, subcontract, or Since 1970, there have been historic qualified applicant pool; to identify and federally assisted construction contract changes to sex discrimination law, in eliminate any discriminatory practices; in excess of $10,000; (2) has Federal both statutory and case law, and to to apply merit principles; to choose contracts or subcontracts that, contractor policies and practices as a applicants for employment without combined, total in excess of $10,000 in result of the nature and extent of regard to race, sex, or national origin; any 12-month period; or (3) holds women’s participation in the labor and to report their results. See, e.g., 41 Government bills of lading, serves as a force. Because the existing guidelines CFR 60–2.10, 60–2.11, 60–2.14, 60–2.16, depository of Federal funds, or is an are so outdated, they may cause some 60–2.17, 60–20.6. The sex issuing and paying agency for U.S. Federal contractors to incur unnecessary discrimination regulations proposed savings bonds and notes in any amount. legal and/or management expenses to herein outline the sex-discriminatory Pursuant to Executive Order 11246, resolve confusion about possibly practices that contractors must identify receiving a Federal contract comes with conflicting obligations; updating the and eliminate, and clarify how a number of responsibilities. Section regulations will reduce the costs that contractors must choose applicants for 202 of this Executive