On April 8, 2014 President Obama signed Executive Order 13665 entitled Non-Retaliation for Disclosure of Compensation Information. The Executive Order amended Executive Order 11246 to prohibit Federal contractors and subcontractors from discharging or discriminating in any other way against employees or applicants who inquire about, discuss or disclose their own compensation or the compensation of another employee or applicant. This information collection request supports the proposed rule revising the regulations implementing Executive Order 11246, as amended. These regulations set forth the definitions for compensation, compensation information, and essential job functions. See proposed 41 CFR 60-1.3. In addition the proposed regulations modify the equal opportunity clauses found at 41 CFR 60-1.4(a) and (b). Finally, the proposed regulations add section 60-1.35 Contractor Obligations and Defenses to Violation of the Nondiscrimination Requirement for Compensation.
EO: EO 13665 Name/Subject of EO: Non-Retaliation for Disclosure of Compensation Information
EO: EO 11246 Name/Subject of EO: Equal Employment Opportunity
EO: EO 13665 Name/Subject of EO: Non-Retaliation for Disclosure of Compensation Information
This is a new information collection resulting from a Final Rule to implement Executive Order 13665 that amends the existing equal opportunity clauses by incorporating a new provision that prohibits contractors from discharging or discriminating in any other way against employees or applicants who inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicants. The amendments to the equal opportunity clauses are found in section 60-1.4(a)(3) and section 60-1.4(b)(3).
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Information Collection Request June 1 2015.docx
Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions