OFCCP seeks approval of four information collection instruments: scheduling letters for Supply & Service Compliance Reviews, Focused reviews for VEVRAA and Section 503 and Compliance Checks
To prepare for the upcoming expiration (June 30, 2019) of the existing Supply and Service (S&S) Scheduling Letter and Itemized Listing, OFCCP has posted an information collection request (ICR). The ICR covers reporting and record keeping requirements for supply and services federal contractors and subcontractors. It proposed changes to the scheduling letters for establishment, FAAP and Corporate Management reviews, as well as scheduling letters for compliance checks and focused reviews.
Comments must be received by June 11, 2019 and can be posted electronically or sent to Harvey D. Fort, Acting Director, Division of Policy and Program Development, OFCCP, 200 Constitution Avenue, Room C-3325, Washington, DC 20210.
We have compared the proposed scheduling letters to the current scheduling letters and summarized the changes below. Any approved changes will impact scheduled reviews as of the date the letter is approved, which could include establishments and FAAPs on the recently-released FY 2019 scheduling list.
S&S Scheduling Letter for Establishment or FAAP Compliance Review or Corporate Management Compliance Evaluation
• Added “a list of your three largest subcontractors based on contract value, excluding those expiring within six months of receipt of this letter.” Further explained the “only subcontractors who perform, undertake, or assume any portion of the contractor’s obligation.”
Executive Order 11246
• Job Group Analysis - added “please identify the specific race for each employees contained within each job group.”
• Availability Analysis – added “for each job group by race/ethnicity used to determine whether there were substantial disparities in the utilization of specific minority groups such that separate goals for those groups may be necessary.”
• Placement goals – added “provide information sufficient to determine whether there were substantial disparities in the utilization of any one particular minority group or the utilization of men or women of any one particular minority group, such that separate goals for these groups may be necessary.”
• Compensation – added “results of the most recent analysis of the compensation system(s) to determine whether there are gender-, race-, or ethnicity-based disparities.”
Section 503 and VEVRAA
• Removed “documentation of all actions taken to comply with the audit and reporting system requirements.”
• Data collection – if letter arrives more than six months or more into your current plan, added “provide the information for every completed month of the current AAP year” instead of “for at least the first six months of the current AAP year.”
• Job group representation, placement goals and actual number of placements [current item #17]– added “along with information identifying the race/ethnicity of individuals in each job group to determine whether there were substantial disparities in the utilization of any one particular minority group or the utilization of men or women in any one particular minority group, such that separate goals for these groups may be required,”
• Employment activity [current item #18] – if letter arrives more than six months or more into your current plan, added “provide the information for every completed month of the current AAP year.”
• Compensation [current item #19] – deleted (c) “documentation and policies related to compensation practices of the contractor should also be included in the submission, particularly those that explain the factors and reasoning used to determine compensation.” Replaced with “You may also provide documentation policies used to determine compensation hierarchy and job structure.”
Compliance Check Scheduling Letter
• In the S&S Support statement, OFCCP states that “moving forward OFCCP anticipates that it will conduct a portion of its scheduled compliance evaluations as compliance checks.”
• Requires the submission of the AAPs for EO 11246, Section 503 and VEVRAA.
• Deleted the requirement to provide the goal attainment report for the EO 11246 AAP.
Focused Review Letter - S&S VEVRAA and Section 503
• In the S&S Support statement, OFCCP states that it is “adding a new instrument in this ICR requesting approval for a focused review letter under the requirements of VEVRAA.” On November 26, 2018, OMB approved a focused review letter for Section 503.
• Deleted the following:
o The formation of job groups (covering all jobs), o Documentation of all actions taken to comply with the audit and report system requirements, and o Copies of your EEO-1 Reports for the last three years.
• Requires the submission of the E.O. 11246 and VEVRAA AAPs or Section 503 (as applicable). • Added applicant and employee level information on self-identification maintained for protected veterans or individuals with a disability, depending on the focus of the review.
• Data Collection – if letter arrives more than six months or more into your current plan, added “provide the information for every completed month of the current AAP year.” This data is to be submitted by job group but doesn’t clarify if it is for all applicants and employees or only those that self-identify as being a protected veteran.
o Indicate whether applicant or employee was hired, promoted, or terminated. For non-selected applicants, indicate that they were not selected;
o The job title and job group to which each applicant sought employment;
o The job title and job group of each employee selected for hire, promotion, or termination;
o The date the employee was hired or promoted;
o Indicate whether the employee was externally hired into the current job group or promoted to it;
o For promotions, provide the pool of candidates from which the employee was promoted. Include a definition of “promotion” as used by your company. If it varies for different segments of your workforce, please define the term as used for each segment;
o The date the employee was terminated and whether the termination was voluntary or involuntary.
• Added “employee level compensation data for all employees … as of the start of the current VEVRAA (or Section 503) AAP. Provide hire date for each employee as well as job title, EEO-1 Report category and E.O. 11246 AAP job group in a single file.
o For all employees, compensation includes base salary and or wage rate, and hours worked in a typical workweek. Other compensation or adjustments to salary such as bonuses, incentives, commissions, merit increases, locality pay or overtime should be identified separately for each employee.
o You may provide additional data on factors used to determine employee compensation. For example, such factors may include education, past experience, duty location, performance ratings, department or function, and salary level/band/range/grade. You may also provide documentation and policies used to determine compensation hierarchy and job structure.”
• Added a footnote stating “OFCCP will not conduct a review of the EO 11246 AAP during a Section 503 (or VEVRAA) focused review. This AAP will only be used to help OFCCP understand the contractor’s organizational structure, confirm Section 503 job groups, and understand generally how the Section 503 (or VEVRAA) compliance strategies fit with the contractor’s other affirmative action efforts. OFCCP will not analyze data contained in the EO 11246 AAP to look for discrimination based on sex or race and ethnicity.”