The U.S. Department of Labor (DOL) certainly seems to mean well with it’s latest roll out. On November 13, 2019, it announced the issuance of the Office of Federal Contract Compliance Programs’ (OFCCP) Technical Assistance Guide – Construction Contractors. In its news release, the DOL noted this guide is meant as a “self-assessment tool” for federal project construction contractors to review their practices to “eliminate discrimination and achieve their equal employment opportunity goals”. Specifically, the guide contains an overview of obligations, steps to implement EEO construction contract specifications, and what to expect when preparing for an OFCCP audit. This includes guidance regarding equal pay, Pay Transparency Nondiscrimination Provision notice/requirements, compensation disparities and the like.
In reality (and this is why I say they mean well), the “guide” is a 157 page document that has even my head spinning….and the pictures of clean people in freshly laundered construction gear/clothing does not help…In short, pictures of women on a construction site in heels aside, I wanted to be sure to share this for our Minnesota construction companies that do federal projects, so that you know it is a resource. Beyond that, I see it as a reference tool and not something that 99.9% of contractors are actually going to sit down and read. Also recall – a guide is no substitution for the law. If the law changes, or the guide is wrong, an employer cannot point at this document/website as a defense. Happy reading!