Thursday, September 24, 2015

OFCCP Publishes “EEO is the Law” Poster Supplement

OFCCP’s Supplement to the “EEO is the Law” poster has been published. The supplement updates protections under Executive Order 11246 to include sexual orientation and gender identity as protected classes. The poster also contains language to reflect the new Pay Transparency Rule published earlier this month.

Federal Contractors will be required to post the supplement anywhere the “EEO is the Law” poster is physically and/or electronically displayed. Contractors should note the section related to the Pay Transparency Rule does not take effect until January 11th, 2016.

Please click the following link to download the “EEO is the Law” Poster Supplement.

Please contact Nick Paul at 972-369-0015 or with comments or questions. 

Monday, September 21, 2015

OFCCP Jurisdictional Thresholds Infographic

The Office of Federal Contract Compliance Programs (OFCCP) released an easy to read infographic detailing jurisdictional thresholds for Federal Contractors.  This infographic details specific monetary and employee thresholds for the following three areas of compliance enforced by the OFCCP:
  • Executive Order 11246
  • Section 503 of the Rehabilitation Act of 1973
  • Vietnam Era Veterans' Readjustment Assistance Act of 1974 , as amended (VEVRAA)
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Thursday, September 10, 2015

OFCCP Announces a Final Rule to Promote Pay Transparency

In 2014, President Obama issued Executive Order 13665, promoting pay transparency and openness, making it possible for workers and job applicants to share information about their pay and compensation without fear of discrimination. On September 10, 2015, the Department of Labor issued a Final Rule implementing that order. This Final Rule takes effect on January 11, 2016, 120 days after its publication in the Federal Register, and amends the existing regulations that implement EO 11246.

The Final Rule amends the EO 11246 implementing regulations by:
  • Requiring that certain information be included in covered federal contracts and subcontracts. The Final Rule requires that the equal opportunity clause included in covered federal contracts and subcontracts be amended to include that federal contractors and subcontractors must refrain from discharging, or otherwise discriminating against, employees or applicants who inquire about, discuss, or disclose their compensation or the compensation of other employees or applicants. An exception exists where the employee or applicant makes the disclosure based on information obtained in the course of performing his or her essential job functions;
  • Requiring that federal contractors incorporate a prescribed nondiscrimination provision into their existing employee manuals or handbooks and disseminate the nondiscrimination provision to employees and to job applicants;
  • Defining key terms such as compensation, compensation information, and essential job functions as used in EO 11246, as amended; and
  • Providing employers with two defenses to an allegation of discrimination: a general defense, which could be based on the enforcement of a "workplace rule" that does not prohibit the discussion of compensation information; and an essential job functions defense.

A copy of the Final Rule can be found by clicking here

Please contact Kairos Services with questions or comments at 972-369-0015 or email us at