Comment on Advancing Pay Equity in Governmentwide Pay Systems, RIN 3206–AO39.

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June 12, 2023

On June 12th, 2023, Legal Momentum submitted a comment to the Office of Personnel Management (OPM) on its proposed rule on advancing pay equity in governmentwide pay systems.


We applaud OPM and the federal government for their efforts to address pay equity, including by analyzing gender and racial pay gaps and increasing efforts to advance pay transparency and salary-setting practices within the federal government. The proposed rule offers an important opportunity for the federal government to lead efforts to eliminate discriminatory pay practices and to provide a model for advancing equal pay as well as diversity, equity, inclusion, and accessibility in the workplace.


Overall, we express support for the proposed rule prohibiting the use of salary history in setting pay (RIN 3206-AO39), as it promotes pay equity. Meanwhile, we would discourage OPM from relying on voluntary disclosure of salary as well as other factors which similarly undermine objective gender-neutral salary-setting. Additionally, we support measures in the proposed rule that increase transparency and documentation of agencies’ pay setting authority above the minimum rate, which are key to eliminating bias. We also suggest ways for OPM and the federal government to strengthen efforts to address occupational segregation and advance pay equity by increasing the value of work performed by women and people of color.


Read the full comment below. 

  • Workplace Equality and Economic Empowerment


Seher Khawaja
Mikaela Rabb
Legal Momentum
  • Women Valued Initiative


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