Highlights of OFCCP Live Webchat on January 7th

On January 7th, 2011 Pat Shiu, Director of OFCCP, held a live webchat where she answered questions regarding OFCCP's plans for 2011. There was significant interest in all of the proposed regulations as well as plans for compensation analysis, the Corporate Scheduling Announcement Letter (CSAL), and more.

Below is a brief series of highlights from the chat log. For the entire log, readers can use this link:
http://www.dol.gov/regulations/chat-ofccp-201012.htm

Highlights:

• Status of Functional Affirmative Action Plans (FAAPs) - OFCCP staff anticipates releasing new guidance on the Functional Affirmative Action Program in the very near future.



• Status of Federal Contract Compliance Manual (FCCM) update - OFCCP staff anticipates completion of the FCCM in the near future, hopefully within the next 60 days.



• Rumor about compensation analyses - There are lots of rumors that OFCCP will bring back the "DuBray" pay grade analysis. It is just a rumor.



• Current OFCCP methods for analyzing compensation - Currently, OFCCP is analyzing compensation data using Title VII principles.



• Status of 2010 EEO Census file - the census bureau published an email stating that the full EEO file is expected in the fall of 2012.



• Status of EO Survey consideration - We are not reissuing the old EO Survey, but we are in the process of developing a new compensation data collection tool.



• Expected notice date for proposed changes to Section 503 of the Rehabilitation Act regulations - OFCCP’s Section 503 Notice of Proposed Rulemaking (NPRM) would strengthen the affirmative action requirements for federal contractors and subcontractors. The NPRM is projected for publication in the Federal Register in August 2011.



• Future of Corporate Scheduling Announcement Letters (CSAL) - Corporate Scheduling Announcement Letters are a courtesy OFCCP provides to companies with two or more establishments on the neutral scheduling list. Yes, OFCCP plans to continue sending the CSAL letters during FY 2011. The next round of CSAL letters will be sent in the Spring.



• Expected notice date for proposed changes to VEVRAA regulations - Currently we anticipate publishing the VEVRAA NPRM in January.



• Expected notice date for proposed changes to Construction regulations - The Construction Contractor NPRM is expected to be released in July 2011.



• Website for Advance Notice postings - The Advanced Notice of Proposed Rulemaking (ANPRM) regarding wage data and the new data tool is located here: http://www.regulations.gov/search/regs/home.html#home. Do a search on that web page for RIN number 1250-AA03.



• Future Town Hall Meetings - Yes we will continue to hold stakeholder meetings, as we have over the last year. Notice of the meetings can be found on the OFCCP DOL webpage.


• Involvement in the Dodd-Frank reform bill - The DOL Deputy Secretary sent a letter to his counterparts at all of the covered federal financial agencies inviting them to partner with DOL OFCCP as they go about establishing their agency’s OMWI. OFCCP has held introductory meetings with several of these agencies and anticipate ongoing communication, coordination, and collaboration to ensure consistency in approaches and avoid duplication of efforts.


• Effect of budget cuts on OFCCP staffing - As you may know, under President Obama's leadership, OFCCP's budget has increased by 25% and our staff has grown by 35%. For the first time in more than a decade, we have hosted uniform, national, high-quality training for more than 200 newly hired compliance officers. All of this is part of OFCCP's renewed commitment to protecting workers, promoting diversity and enforcing the law. We look forward to continuing our efforts through trainings and increased enforcement activities in the coming year and we will make that case to the Members of Congress.


• Tracking disability status for applicants - OFCCP is seriously considering whether self-identificaiton can be better used to assist businesses in strengthening their AAPs. OFCCP welcomes your input on the NPRM once it is published.