OFCCP Regulatory Agenda Webchat Highlights

by Irwin, Esq., Carla Thursday, May 19, 2011
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In December 2010, the OFCCP’s Fall 2010 regulatory agenda was published in the Federal Register and in an effort to promote contractor feedback, Patricia Shiu hosted a live webchat Friday, January 7th, 2011. Below are a few highlights.
Compensation Data Collection Tool/Rescission of 2006 Compensation Guidance

•OFCCP will continue to follow Title VII principles in investigating and analyzing compensation discrimination
•OFCCP aware of “DuBray” method and its limitations, it is a rumor that is going to be used
•OFCCP working closely with EEOC and Department of Justice to develop compensation tool, not reissuing old EO Survey
•Advanced Notice of Public Rulemaking (ANPRM) for compensation tool expected February 2011
•If 2006 compensation guidelines are rescinded, OFCCP will not issue further guidance through the Federal Register, it will continue to provide any needed compliance assistance through various means, including webinars and website distribution of FAQs
Evaluation of Recruitment and Placement Results Under Section 503

•Notice of Proposed Rulemaking (NPRM) expected August 2011
•NPRM will propose that Federal contractors and subcontractors increase linkages and conduct more substantive analyses of recruitment and placement actions
•Comments strongly encouraged
Evaluation of Recruitment and Placement Results Under VEVRAA

•NPRM expected January 2011
•NPRM would amend the regulations to require that Federal contractors and subcontractors conduct more substantive analyses of recruitment and placement actions taken under VEVRAA and would require the use of numerical targets to measure the effectiveness of affirmative action efforts.
•Comments strongly encouraged
Construction Contractor Affirmative Action Requirements

•NPRM expected July 2011
•OFCCP is seriously considering strengthening and enhancing the effectiveness of the affirmative action requirements for federal and federally-assisted construction contractors and subcontractors, particularly in the area of recruitment and job training
•Comments strongly encouraged
Miscellaneous

•2010 EEO Census file expected fall 2012
•Guidance on Function Affirmative Action Plans (FAAPs) expected in the near future
•Federal Contract Compliance Manual (FCCM) expected to be update in the near future, possibly in the next 60 days
•Resource directory to be updated in 2011
•No changes to the scheduling letter
•Next round of CSALs will be spring 2011
•OFCCP held several meetings to coordinate efforts between the covered federal financial agencies new Offices of Women and Minority Inclusion under Frank-Dodd Financial Reform Act
•OFCCP will continue to use FCSS to schedule compliance evaluations