On May 12, 2011, the OFCCP published proposed major changes to the Scheduling Letter and Itemized Listing. OFCCP’s proposals make dramatic and wide-ranging changes to the scope of information that would need to be provided at the start of a compliance review. Under the changes proposed by OFCCP, contractors would be required to provide:
- • Specific demographic information on applicants, hires, promotions, and terminations, including data on minority sub-groups. Contractors would be required to provide data by job group AND job title. Specific demographic data for each job group AND job title on the pools of employees considered for promotional opportunities. This type of analysis would in essence parallel the current analysis done on applicants vs. hires.
- • Specific demographic data for each job group AND job title on the total number of employees who left the company. This would include employees who left involuntarily AND employees who left voluntarily.
- • Specific and comprehensive data on employees that would be used for OFCCP’s compensation analysis. This information would include items such as exempt status, time in current position, employee location, date of birth, etc. This list generally parallels the list OFCCP is currently requesting from contractors during compliance reviews. (For a complete list of the items that are currently requested, please refer to our AA Resource, Vol. 1 No. 2.) However, the proposed scheduling letter requests data on ALL employees, including contract, per diem, and temporary employees, rather than just regular employees.
- • Data to be used in the compensation analyses for employees in place as of February 1, regardless of the start date of the AAP. Thus, the items to be used for the compensation analysis might cover a very different set of employees than the employees in the workforce analysis and other statistical reports in the AAP.
- • Documentation and policies regarding compensation practices.
- • Employment leave policies, including policies concerning Family and Medical Leave Act, maternity leave, and accommodations for religious observances and practices.
- • Information on specific accommodations for persons with disabilities including accommodation policies.
- • Three years of VETS-100 and/or VETS-100A reports. While the current Scheduling Letter requests three years of EEO-1 reports, there is no specific request for VETS-100 reports.
Did You Know … that the contractor community can have a huge impact on proposed changes? The last time the OFCCP attempted to make significant changes to the Scheduling Letter and Itemized Listing, contractors and business advocacy groups strongly objected to the proposals and the OFCCP was prevented from making its proposed changes. This demonstrates the importance of providing comments to the OFCCP regarding their proposals.
Let Us Help
If you want to know more about the changes to the Scheduling Letter and Itemized Listing and how these changes will affect your company, please contact us. If you want to read the OFCCP’s proposals regarding the changes to the Scheduling Letter and Itemized Listing, they can be found at the following locations:
The OFCCP’s supporting statement about its proposed changes can be found at the following location: