OFCCP to Require Federal Contractors to Submit More Data
June 1, 2011
by Richard L. Connors
Stinson Morrison Hecker LLP
Copyright © 2011
Federal contractors would be required to submit to the Office of Federal Contract Compliance Programs (OFCCP) copies of its leave policies, its VETS reports, applicant flow data by group and by job title, and aggregate compensation data under proposed revisions to the OFCCP’s Scheduling Letter that is sent to contactors to initiate audits of their written affirmative action plans (AAPs).
Leave Policies – For the first time, contractors would be required to submit to the OFCCP copies of its employment policies covering the Family and Medical Leave Act, pregnancy leave, and accommodations for religious observances and practices – and a copy of their employee handbook if these policies are a part of such manual. According to the OFCCP, receipt of those policies would assist it in “better determining the existence of sex or religious discrimination indicators within contractor organizations.”
VETS Reports – In addition, contractors would be required to submit to the OFCCP a copy of the Veterans Employment Report (VETS-100 and/or VETS-100A) for the last three years. These documents are required reporting for federal contractors and include information on their hiring of disabled and other protected veterans under Vietnam Era Veterans’ Readjustment Assistance Act. “This information supports OFCCP’s efforts to prohibit discrimination based on an individual’s status as a protected veteran.”
Applicant Flow Data – The OFCCP also would require contractors to submit data related to applicants, hires, promotions and terminations both by job group and by job title (instead of either by job group or by job title, as is currently the case). “This revised submission would result in OFCCP obtaining more accurate reporting data for its analyses related to identifying sex and race discrimination indicators.”
Compensation Data – The changes also would require a contractor to submit “more precise data for OFCCP’s compensation analysis. The more precise data is aggregate data rather than the disaggregate data requested in the current Scheduling Letter,” and would allow OFCCP to “perform more specific analyses and pinpoint possible discrimination based on race or sex.”
Effective Date - The OFCCP will seek public comment before the revisions are finalized and take effect. The OFCCP’s current scheduling letter and itemized listing will expire on September 30, 2011.
Richard L. Connors is an attorney with Stinson Morrison Hecker LLP, one of the country's largest law firms with more than 300 attorneys in more than 45-industry-focused areas. Mr. Connors represents management exclusively in employment and labor law.
Law at Work is designed to give general information and is not intended to be a comprehensive summary or to treat exhaustively the subjects and matters covered. The information appearing herein does not constitute legal advice or opinions. Such advice and opinions are provided only upon engagement with respect to specific factual situations. Nothing contained herein shall be considered as an admission in any matter or controversy.