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.