Department of Labor January 20, 2006 – Federal Register Recent Federal Regulation Documents

The Office of Federal Contract Compliance Programs (OFCCP) commissioned two studies to determine whether data submitted by contractors in response to the Equal Opportunity Survey (EO Survey) could be used to develop an effective and efficient tool to target those contractors most likely to be discriminating. The first study failed to find a correlation between the predictive variables generated from the EO Survey and determinations of noncompliance. The second study showed that the EO Survey did not provide sufficiently useful data for enforcement targeting purposes. In light of these findings, together with a review of both the costs associated with the EO Survey and the utility of the EO Survey in accomplishing any of its stated objectives, OFCCP is proposing to remove the current requirement for nonconstruction federal contractors to file the EO Survey under Section 60-2.18. This proposed change is intended to more effectively focus enforcement resources and to eliminate a regulatory requirement that fails to provide value to either OFCCP enforcement or contractor compliance. OFCCP's resources could be better directed for the benefit of victims of discrimination, the government, contractors, and taxpayers.

The Office of Federal Contract Compliance Programs (OFCCP) is proposing new regulations to implement the amendments to the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (``VEVRAA'') that were made by the Jobs for Veterans Act (``JVA'') enacted in 2002. JVA amended VEVRAA by: Raising the dollar amount of the Government contracts that are subject to the requirements of VEVRAA; changing the categories of veterans protected under the law; and changing the manner in which the mandatory job listing requirement is to be implemented. The JVA amendments apply to Government contracts entered into on or after December 1, 2003. For the convenience of contractors, veterans, and other interested parties, OFCCP proposes to publish the regulations implementing the JVA amendments to VEVRAA in a new part. This proposed rule would apply only to Government contracts entered into on or after December 1, 2003. The existing VEVRAA implementing regulations will continue to apply to Government contracts entered into before December 1, 2003. Contractors with Government contracts entered into both before, and on or after December 1, 2003, would be subject to both the requirements found in the existing VEVRAA implementing regulations and the requirements in today's proposal.