OFCCP News and Developments

Glenn Barlett Consulting Services, LLC

34 Wilson Avenue, Englishtown, NJ 07726 (732) 446-2529 glennbarlett@gbcs.net

 

The New OFCCP Corporate Scheduling Announcement Letter 

On August 25, 2004, the Office of Federal Contract Compliance Programs published a new Corporate Scheduling Announcement Letter on its website.  The OFCCP plans to use the letter to provide advanced notification of compliance evaluations. The agency will send the letter to federal contractor's Corporate Headquarters along with a listing of potential establishments that have been selected for evaluation under the new Federal Contractor Selection System (FCSS).  The letter highlights changes in the agency's selection procedure and confirms, in writing, that the OFCCP has limited the number of establishments per contractor to be scheduled per year to no more than 25.  The letter also confirms, in writing, that the OFCCP plans to give serious consideration to any remedial action voluntarily undertaken prior to compliance reviews.  Click on the icon of the letter to read more about the new letter and to download a copy.    

Proposed OFCCP Rule on the Obligation to Solicit Race and Gender 

On March 29, 2004 the Office of Federal Contract Compliance Programs published proposed changes in its recordkeeping requirements to add a definition of "Internet Applicant."  A key ingredient of the definition is that the job seeker possess "advertised, basic qualifications for the position."  Click on the icon of the men at the computer to read about this proposed revision to the regulations and to download a copy.   

 

Definition of "Job Applicant" for Internet and Related Technologies 

On March 4, 2004, the U.S. Equal Employment Opportunity Commission (EEOC) along with the Departments of Labor and Justice and the Office of Personnel Management (OPM), known collectively as the Uniform Guidelines on Employee Selection (UGESP) agencies,  published a coordinated document in the Federal Register to clarify recordkeeping provisions concerning who is an "applicant" in the context of the Internet and related technologies.  Click on the computer icon to read about this document and to download a copy.

Census 2000 Special Equal Employment File 

The U.S. Census Bureau released the Census 2000 Special Equal Employment Opportunity (EEO) File on December 29, 2003.  The Office of Federal Contract Compliance Programs will not require contractors to use the new data until January 1, 2005.  We, however, started using the new data for Affirmative Action Plans (AAPs) effective January 1, 2004.  The new file contains information similar to comparable tabulations from the 1970, 1980, and 1990 censuses.  The Census 2000 Special EEO File differs, however, in several important respects.  Click on the Census 2000 icon to read about these differences and to download tools critical for working with the new data.

Jobs for Veterans Act - Public Law 107-288 

The Jobs for Veterans Act became effective on December 1, 2003.  The new law will impact on the Affirmative Action Plans for Covered Veterans.  The Secretary of Labor has not yet prescribed regulations implementing the law.  Click on the American flag icon to read about the Jobs for Veterans Act and to download a copy.

Separate Facility Exemptions/Waivers 

On September 13, 2002, Deputy Assistant Secretary, Charles E. James, Sr., signed the Separate Facility Exemptions/Waiver Policy Directive.  The purpose of the directive is to identify the factors that will be considered by the Deputy Assistant Secretary when deciding whether to grant separate facility exemptions/waivers from the requirements of Executive Order 11246 and the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and the procedure for considering requests for such exemptions/waivers.  Click on the buildings icon for a link to the Separate Facility Exemptions/Waivers Directive. 

 

Functional Affirmative Action Programs 

On March 21, 2002, Deputy Assistant Secretary, Charles E. James, Sr., signed the Functional AAP Directive.  A Functional AAP refers to the development and preparation of an AAP based on functional or business units within a corporate structure rather than an AAP based solely on an establishment's location.  Factors that may be considered when determining whether a Functional AAP is appropriate for a particular contractor are whether a functional or business unit operates somewhat autonomously; has its own managing official; is listed separately on an organizational chart; and/or operates under separate cost centers.  Multi-establishment supply and service contractors may request Functional AAPs.  After requesting approval in writing, contractors must negotiate with the OFCCP and enter into a formal Functional AAP agreement.  Click on the agreement icon for a link to the Functional AAP Directive that describes the process.

 

Equal Opportunity Surveys

The Office of Federal Contract Compliance Programs (OFCCP) continues to send contractors Equal Opportunity Surveys (EO Surveys).  OFCCP hired Abt Associates to study the usefulness of the EO Survey data.  In 2003, contractors were selected for compliance reviews based on a random sample of those who received the 2002 EO Survey in order to collect data for the study.  Click on the image of the Department of Labor seal to read our comments about the EO Survey and to access links for downloading samples and other important information.

December 2000 Regulation Revisions 

On November 13, 2000, the Office of Federal Contract Compliance Programs (OFCCP) issued new regulations that impacted the way federal contractors write Affirmative Action Plans (AAPs).  The final rules were effective December 13, 2000.  Although considerable time has passed since these changes were made, Human Resources professionals find that our synopsis of the changes is still very useful.  Click on the Code of Federal Regulations icon to read our comments about the December 2000 regulations and to access links for downloading copies.

 

Copyright © 2006 Glenn Barlett Consulting Services, LLC

Disclaimer

Send comments about this site to webmaster@gbcs.net