Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Aug 20, 2010

Affirmative action compensation guidelines to be revamped, more changes coming

Affirmative Action 

Big changes are afoot at the Office of Federal Contract Compliance Programs (OFCCP). Patricia Shiu, the civil rights attorney who took over leadership of the OFCCP a year ago, announced in a recent speech that she will rescind the agency’s 2006 guidance on analyzing systemic compensation discrimination (that’s the good news). Employers and compliance officers found the guidance difficult to understand and apply. Shiu plans to solicit comments on a “new wage data collection instrument” (that’s the bad news). No specific proposals have been made public yet; Vigilant will keep members informed.


The OFCCP is already soliciting input on ideas for a proposed rule to strengthen the affirmative action regulations for individuals with disabilities (75 Fed Reg 43116, July 23, 2010). The agency is also asking for input on whether to continue allowing Functional Affirmative Action Programs (where employers obtained special approval to produce affirmative action plans based on lines of business, rather than physical locations). If you have questions or comments, contact Karen Davis ( or 800-733-8621), Vigilant’s affirmative action manager.

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.