OFCCP Issues Revised Directive, “Reaffirming” Respect for Attorney-Client Privilege

This past March the OFCCP issued directive DIR 2022-01, in which it addressed contractors’ obligations to conduct “comprehensive pay equity audits.” The directive received a considerable amount of criticism, including that DIR 2022-01 evinced a belief on the part of the OFCCP that it was entitled to contractors’ complete pay equity analyses regardless of whether such analyses were privileged, either as attorney-client communications or attorney work product.