On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41 C.F.R. § 60-2.17(b)(3). Although OFCCP’s clarification is welcome news for contractors, the Revised Directive states that contractors will still need to be able to prove the analysis was done under privilege to withhold it from OFCCP and, if withheld on privilege grounds, OFCCP will require contractors to provide various types of additional documentation and information to confirm they conducted a 2.17(b)(3) analysis.
Read our client alert.