OFCCP announced today that it has officially rescinded the 2006 Compensation Standards, effective February 28, 2013. In an effort to have “more flexibility” in its review of employer pay, OFCCP has finally taken the compensation standards off the books.
In the 52-page Notice of Final Rescission OFCCP stated it does not intend to replace the Standards with any formal rule but instead will rely on “subregulatory materials” such as compliance manuals, directives and training to inform contractors (and compliance officers) on processes governing pay investigations going forward.
In light of this OFCCP has stated its approach to investigating and enforcing non-discrimination with respect to pay will “follow Title VII principles.” Based on this, the Agency commits to developing a “case-by-case” approach to investigating pay.
I know what you all are thinking, but OFCCP says it believes this increased flexibility and “case-by-case” approach “does not necessarily lead to greater inconsistency” and has “committed to ensuring that it does not.” I don’t know about you, but I’m interested in seeing how the Agency plans to ensure consistency under this new process . . .