The Office of Federal Contract Compliance Programs (OFCCP) recently updated the pay transparency provision that employers covered by Executive Order (EO) 11246, “Equal Employment Opportunity,” must post and include in their employee manuals and handbooks. The Pay Transparency Nondiscrimination Provision gives notice to applicants and employees that employers will not discriminate for inquiring about, discussing, or disclosing their pay or, under certain circumstances, the pay of other employees. The revised provision adds the regulatory citation—41 C.F.R. 60-1.35(c)—to the end of the notice.

Two versions of the pay transparency provision are available on the OFCCP website. The formatted version included OFCCP’s logo and contact information and is intended for posting (either electronically or on the premises). An unformatted version, which just includes the “required, prescribed language,” is also available.

The pay transparency rule, which implemented Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information and which amended EO 11246, went into effect on January 11, 2016.

While OFCCP has not yet announced a requirement that contractors update the provision in their postings and handbooks, because contractors are required to use the language of the provision verbatim, contractors may want to start using the new version.


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The experienced attorneys in our OFCCP Compliance, Government Contracting, and Reporting Practice Group advise and defend federal contractors and subcontractors on jurisdictional, compliance, and enforcement issues relevant to government contracting, including those involving the Office of Federal Contract Compliance Programs (OFCCP).

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