- OFCCP Makes Burdensome Equal Opportunity Survey A Bi-Annual Reporting Requirement
- Compensation Analyses Required As Part of Routine Plan Preparation
- The OFCCP Now Requires a Much More Detailed, Comprehensive Explanation of How Availability Is Calculated
- Separate AAP's Required for Every Contractor Establishment Absent Special OFCCP Permission
- Contractors May Use Either An Organizational Profile or Workforce Analysis
- Required Sections of a Plan Are Decreased from Ten to Four
- Optional Changes to Job Group Analysis Structure for Small Contractors
- Expanded Scope of Corporate Management Reviews Into Establishments
- New Regulations Effective Date: December 13, 2000
In what appears to be the final overhaul of the affirmative action regulations, on November 13, 2000, the Office of Federal Contract Compliance Programs (the "OFCCP") issued new regulations governing affirmative action plans for federal contractors. In addition to changes to the basic plan preparation process, the new revisions, which replace 41 CFR ' 60-2 et seq., require employers to perform, maintain and submit compensation analyses and to submit bi-annually the new Equal Opportunity Survey. While the OFCCP announced that it undertook the overhaul with the intent of "streamlining and simplifying" the affirmative action compliance process, modifications to existing plan preparation requirements and the new, additional reporting obligations will substantially increase the compliance burden on contractors. We have discussed the significant portions of the revisions below.
The revised regulations significantly increase the compliance and reporting burdens on the contractor community. With respect to the Survey, contractors should be conducting "trial runs" of their ability to produce the data and perform basic analyses to identify problem areas. Accuracy is imperative, because once Survey information is in the OFCCP's hands, it will be compared with subsequent information submissions. Inconsistencies will raise questions about the contractor's record keeping practices and data integrity. Indeed, contractors are faced with the daunting task of generating accurate data in a novel new format in a relatively short time. Jackson Lewis can help your company respond to the Survey by preparing your data in submission-ready format. With respect to the other significant changes brought about by the new regulations, contractors should scrutinize their existing record-keeping and compliance procedures to ensure they are ready for an OFCCP audit.
The articles in this Update are designed to give general and timely information on the subjects covered. They are not intended as advice or assistance with respect to individual problems. This Update is provided with the understanding that the publisher, editor or authors are not engaged in rendering legal or other professional services. Members and others should consult competent counsel or other professional services of their own choosing as to how the matters discussed relate to their own affairs or to resolve specific problems or questions.