Advancing Pay Equality in the Federal Government and Learning From Successful Practices

[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Presidential Documents]
[Pages 28717-28718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11761]

Memorandum of May 10, 2013

Advancing Pay Equality in the Federal Government
and Learning From Successful Practices

Memorandum for the Heads of Executive Departments and
Agencies

Almost 50 years ago, when President John F. Kennedy
signed the Equal Pay Act of 1963, women were paid 59
cents for every dollar paid to men. Today, women are
paid 77 cents for every dollar paid to men. At the same
time, nearly two-thirds of women are breadwinners or
co-breadwinners for their families. Unjust pay
disparities are a detriment to women, families, and our
economy.

The Federal Government is the Nation's largest
employer. It has a special responsibility to act as a
model employer. While salary ranges in the Federal
workforce are generally determined by law, the fixing
of individual salaries and other types of compensation
can be affected by the exercise of administrative
discretion. Such discretion must be exercised in a
transparent manner, using fair criteria and adhering to
merit system principles, which dictate that equal pay
should be provided for work of equal value.

In order to further understand how the practices of
executive departments and agencies (agencies) affect
the compensation of similarly situated men and women,
and to promote gender pay equality in the Federal
Government and more broadly, I hereby direct the
following actions, pursuant to the authority vested in
me by the Constitution and the laws of the United
States:

Section 1. Government-wide Strategy for Advancing Pay
Equality. Within 180 days of the date of this
memorandum, the Director of the Office of Personnel
Management (Director) shall submit to the President a
Government-wide strategy to address any gender pay gap
in the Federal workforce. This strategy shall include:

(a) analysis of whether changes to the General
Schedule classification system would assist in
addressing any gender pay gap;
(b) proposed guidance to agencies to promote
greater transparency regarding starting salaries; and
(c) recommendations for additional administrative
or legislative actions or studies that should be
undertaken to narrow any gender pay gap.

Sec. 2. Agency Review of Pay and Promotion Policies and
Practices. To facilitate the Director's development of
a Government-wide strategy, each agency shall, within
90 days of the date of this memorandum, provide to the
Office of Personnel Management (OPM) information on and
an analysis of the following matters:

(a) all agency-specific policies and practices for
setting starting salaries for new employees;
(b) all agency-specific policies and practices that
may affect the salaries of individuals who are
returning to the workplace after having taken extended
time off from their careers (for example, those who
served as full-time caregivers to children or other
family members);
(c) all agency-specific policies and practices for
evaluating individuals regarding promotions,
particularly individuals who work part-time schedules
(for example, those who serve as caregivers to children
or other family members);

(d) any additional agency-specific policies or
practices that may be affecting gender pay equality;
and
(e) any best practices the agency has employed to
improve gender pay equality.

OPM shall provide guidance to agencies with respect to
this request for information and analysis, including
its scope.

Sec. 3. General Provisions. (a) Nothing in this
memorandum shall be construed to impair or otherwise
affect:

(i) the authority granted by law or Executive Order to an agency, or the
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent
with applicable law and subject to the availability of
appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.

The Director is hereby authorized and directed to
publish this memorandum in the Federal Register.

THE WHITE HOUSE,

Washington, May 10, 2013.