Summary Version: OFCCP Web Chat July 12

OFCCP Web Chat
July 12, 2011
Summarized version
Below the list are questions and answers submitted by BCGi.

Definition of Terms:
ANPRM - Advance Notice of Proposed Rulemaking
NPRM - Notice of Porposed Rulemaking
FCCM - Federal Contract Compliance Manual
CSAL - Corporate Scheduling Announcement Letter

• Final Rule on Changes to Veteran Regulations - In the Final Rule the OFCCP will describe the comments, the issues they raised, and our responses to them. We anticipate publishing a Final Rule in the spring of 2012.

• Current pay analysis structure - Contractors may use any method that is consistent with Title VII principles.

• Publishing the Updated Census Data – The OFCCP is working with the census bureau, EEOC and Department of Justice in creating the special tab. It should be available in the next 12 months. (BCG Note – The most recent e-mail from the census bureau suggest a December 31, 2012 release)

• Changes in Construction Contractor Regulations – OFCCP is in the process of developing a proposed construction regulation and is planning to publish the proposal in November.

• Compensation Collection Tool - The Compensation Data Collection Tool ANPRM is in the final stages of review and OFCCP expects to publish it within the next few weeks

• Current Methods for Analyzing Pay - OFCCP does not require one particular methodology for a contractor’s analysis of its pay practices. Contractors may use any method that is consistent with Title VII principles.

• Personnel Changes at OFCCP – OFCCP is currently recruiting for Regional Director in the Midwest Region and Deputy Regional Directors in the Northeast, mid-Atlantic, Midwest and Dallas regions.

• Changes to the Itemized Listing for the Scheduling Letter – The revised scheduling letter was published for comment in May, and the comment period closed July 11th. There were a few comments received. OFCCP is reviewing those comments. The goal is to complete the consideration of the comments, any revisions needed, and return the document with any appropriate revisions to OMB by no later than the end of July

• Updates to Section 503 of the Rehabilitation Act - The Section 503 NPRM is currently under review. Once the OMB review is complete, OFCCP will publish the NPRM for public comment. OFCCP anticipates publication of the Section 503 NPRM in the Federal Register sometime in the next month.

• Update to the Federal Contract Compliance Manual – Changes expected to be posted in the Fall (2011)

• Trends in Violations - One trend that OFCCP has observed is that when it identifies major violations, contractors have failed to implement internal, self-audit procedures and failed to implement corrective actions. This has resulted in the agency finding record keeping violations relating to personnel activity and compensation.

• Sex Discrimination revisions – NPRM February 2012

• Why the proposed changes in the sex discrimination guidelines - The guidance in part 60-20 is more than 30 years old. We need sex discrimination regulations that reflect the current state of the law in this area. Employer policies and practices and the nature and extent of women’s participation in the labor force have also changed significantly since the guidelines were put in place. OFCCP is proposing in this NPRM to create sex discrimination regulations that reflect these changed conditions.
A good example is the guidelines’ provision on pensions. It says that it’s not sex discrimination if contractors provide either equal contributions to employee’s pension funds or provide contributions that result in equal benefits upon retirement. But the Supreme Court has now ruled that it is impermissible to require employees of one sex to make larger contributions than the other in order to receive the same monthly benefits. Therefore the greater cost of providing a pension to members of one sex is not a defense to failing to provide benefits equally to members of both sexes.

• Results from OFCCP Enforcement Efforts in 2011 - In the first six months of Fiscal Year 2011, OFCCP has completed 44 financial conciliation agreements that include $5.66 million and 657 job offers for 8,090 victims. This compares favorably to the same period last year when we had completed 35 financial CAs totaling $2.77 million and 582 job-offers for 3,157 victims. This represents a 25 percent increase in CAs, more than double the financial remedies and, most importantly, an increase in job opportunities for workers who faced discrimination.

BCG Institute for Workforce Development Questions

Comment From BCG Institute Is OFCCP actively auditing establishments with fewer than 50 employees onsite?

Patricia A. Shiu, OFCCP Director: Thanks for your question. The answer is, No, OFCCP is not actively auditing establishments with fewer than 50 employees. OFCCP will investigate complaints against contractors of any size.

Comment From BCG Institute Can you tell us when the FAAP schedule for renewal will be sent out to Contractors?

Patricia A. Shiu, OFCCP Director: The new FAAP directive is available on OFCCP’s web page.http://www.dol.gov/ofccp/ Notification letters were sent to all existing FAAP contractors informing them that they should contact the OFCCP regarding their intent to renew their agreements in accordance with the new directive.

Comment From BCG Institute Any news regarding an update to the FCCM?

Patricia A. Shiu, OFCCP Director: OFCCP is still working on the FCCM. We anticipate it will be published in a few months. We will announce the release of the Manual on our website.

Comment From BCG Institute
Is there a schedule for the release of the CSAL?

Patricia A. Shiu, OFCCP Director: In general, CSAL letters are sent from the National Office when the scheduling list is given to the field offices for use. Corporations are generally sent a CSAL if more than two of its establishments appears on the scheduling list. The letters normally go out in the fall and in the spring. The last mailing occurred in February 2011.


Comment From BCG Institute Will you be speaking at the 2011 National ILG conference in New Orleans in late July?

Patricia A. Shiu, OFCCP Director: Yes, I will, and I look forward to seeing you there!

Comment From BCG Institute What do you suggest Federal contractors do when they want to post a job but cannot access the state job board?

Patricia A. Shiu, OFCCP Director: We suggest you contact the state workforce agency to request technical assistance with accessing their state job board.

Comment From BCG Institute For the proposed changes to the itemized listing in the desk audit letter, can you tell us if the transaction data collection method will be by job group and job title showing counts or do you expect a detailed data file by individual transaction?

Patricia A. Shiu, OFCCP Director: BCG, the proposed scheduling letter requests transactional data by count grouped by job group and job title not by individual transactions.

Comment From BCG Institute The census bureau has been posting updates to the release of the 2010 EEO file. The last update suggested Dec 31, 2012 as a possible release date.

Patricia A. Shiu, OFCCP Director:
Thank you very much for your comment.