ExecutiveOrdersEO
EO 13665Executive OrderObama · D

Executive Order 13665

Non-Retaliation for Disclosure of Compensation Information

This executive order amends Executive Order 11246 to prohibit federal contractors from retaliating against employees or applicants who inquire about, discuss, or disclose compensation information. The order aims to help detect and remediate compensation discrimination while promoting efficiency in federal contracting. The Department of Labor must propose implementing regulations within 160 days.

Federal Register Open PDF 79 FR 20749

Impact dates

  1. Rules promulgated by Department of Labor become effective

  2. Secretary of Labor must propose regulations to implement EO requirements

Key directives

  • Amend Executive Order 11246, Section 202 to add new paragraph (3) prohibiting discharge or discrimination against employees/applicants for inquiring about, discussing, or disclosing compensation
  • Secretary of Labor shall propose regulations within 160 days
  • Applies to contracts entered into on or after effective date of final DOL rules
  • Exemption: employees with access to others' compensation info as essential job function cannot disclose to unauthorized persons unless formal complaint, investigation, or legal duty

Who is ordered

Timeline

Immediate

  • EO takes effect immediately upon signing
  • Policy against retaliation for compensation disclosure established for future contracts

Near term (90d)

  • Secretary of Labor must propose regulations by mid-September 2014 (160 days)

Long term

  • Regulations promulgated and effective
  • Applies to contracts entered into on or after effective date of final rules
  • Structural change to federal contractor labor practices ongoing

Risks & tensions

  • Regulatory delay possible: 160-day proposal deadline does not guarantee final rule promulgation date
  • Vague scope of 'tacit' prohibitions on compensation discussion may complicate enforcement
  • Exemption for employees with essential job function access to compensation data creates boundary-drawing challenges for contractors
  • Limited to federal contractors; does not extend to broader private sector
  • No private right of action created by the EO itself—enforcement depends on DOL regulations and existing frameworks
Executive Order 13665: Non-Retaliation for Disclosure of Compensation Information · Executive Orders