Comments on specific sections are discussed below. Proposed paragraph c 3 now d 3 applied disparate impact analysis to contractor leave policies that are inadequate such that they have a disparate impact on members of one sex.
The DOD study published in the New England Journal of Medicine provided an estimate of the increase in cost for providing transition-related health-care benefits to the members of the military. But because they make express a basic tenet of title VII law—that intentional discrimination may be manifest in a variety of ways—they were implicit in the proposed rule.
Implement Workers of Am. Ellerth, U. OFCCP seeks information about which data sources should be used to estimate the number of Federal small subcontractors.
A detailed discussion of the costs of the proposed rule is included in the section on Regulatory Procedures, infra. OFCCP declines to adopt this suggestion for two reasons. A more detailed discussion of the need for the regulation is contained in Reasons for Promulgating this New Regulation, in the Overview section of the preamble, supra.
The NPRM proposes to address discrimination on the basis of pregnancy, childbirth, or related medical conditions in Section The general prohibition against sex discrimination in employment is not a new provision and as such does not require any additional action on the part of Federal contractors, subcontractors, or federally assisted construction contractors or subcontractors.
Billington, supra, at D. This alternative would impose no new costs and achieve no new benefits. Further, discrimination on the basis of gender identity in the provision of fringe benefits already falls within the scope of E. Neither the proposed paragraphs nor their corresponding provisions in the final rule create new protected bases under E.
Identification of similarly situated employees for purposes of an individual analysis or review of a single specific employment decision may be determined based on different criteria than when conducting a systemic discrimination analysis.
Two comments—one from an individual and one from a civil rights legal organization—urge OFCCP to revise the section to prohibit contractors from providing health insurance plans that deny insurance coverage for health care related to gender transition trans-exclusive plans.