The Office of Federal Contract Compliance Programs (OFCCP) has proposed a revised Scheduling Letter, Compliance Check Letter, and Itemized Listing in response to comments from the contractor community regarding the previously revised notice originally published on May 12, 2011. The September 28, 2011 notice contains minimal changes based on public comments received. An additional comment period is open until October 28, 2011. If you would like to submit comments through Berkshire Associates, please email them to
comments@berkshireassociates.com.
The OFCCP received 20 comments in the first comment period, six in support of the new letter and 14 opposed. The agency did not make major changes to the new scheduling letter, citing revisions to the data collection request will allow for greater flexibility in reviewing data and a one hour drop in time to respond to the letter. Additionally, OFCCP ascertains “societal benefits result from finalizing the proposed changes,” including more qualified workers in the workforce and the ability to compete more effectively in a global economy.
The changes are significant and are an additional burden on contractors. Some of the major changes require submission of detailed employee specific compensation data for all employees “including but not limited to” full time, part time, contract, per diem, day laborers, and temporary workers. The effective date for the compensation data would no longer be the plan date, but the most recent February 1. Another major revision to the initial Affirmative Action Plan request includes personnel actions reported by individual race or ethnic groups, and presented by job group and job title. The agency retains the request of the “actual pool” of employees considered for promotions and terminations. Finally, the submission of documents pertaining to the Family and Medical Leave Act and other leave or accommodation policies is also retained in the revised version.
The OFCCP did make a limited number of modest changes to the itemized listing. One example is the agency will allow contractors to submit leave policies by either producing their entire employee handbook or submitting only the front cover, table of contents, and the pages that address the requested leave policies. They will also allow data reflecting the race or ethnicity categories required in the EEO-1 Report. This includes either the “new” seven race codes most contractors use, or the “old” five race categories outlined in OFCCP regulations. The agency also provides contractors with “the discretion to develop and use their own business definition” of voluntary and involuntary terminations. Finally, OFCCP will limit the submission of VETS-100/100A Reports to those for the current and preceding year, rather than the three years proposed in the original letter.
The current scheduling letter and itemized listing will remain in use until the proposed versions are approved by the Office of Management and Budget, which is expected around the end of the year. To read the proposed letters and OFCCP rationale click
here.
Berkshire Associates will continue to monitor this situation, and provide updates as they become available. If you have any questions, please contact a Berkshire representative or compliance expert at 800.882.8904.