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The U.S. Department of Labor’s Proposed Rule: Discrimination on the Basis of Sex Open Access

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In the proposed rule, the DOL Office of Federal Contract Compliance Programs (OFCCP) asserts that since the Sex Discrimination Guidelines were first issued in 1970, there have been “historic changes to sex discrimination law, in both statutory and case law, and to contractor policies and practices as a result of the nature and extent of women’s participation in the labor force.” As such, the OFCCP issued the proposed rule to “revise the Sex Discrimination Guidelines to align the sex discrimination standards under Executive Order 11246 with developments and interpretations of existing title VII principles and the OFCCP’s corresponding interpretation of the Executive Order.” The proposed rule would eliminate the existing Guidelines and replace them with regulations “with the full force and effect of law." The proposal would remove outdated provisions in the Guidelines, clarify others, and add new protections that have been established since 1970.

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