Contents
   New OFCCP Proposal on Applicant Regulation Changes
   Beck Poster Requirement Effective April 28, 2004
   OFCCP Requests Renewal of Audit Scheduling Letter
   Sample AAP for Small Employers Published by OFCCP


New OFCCP Proposal on Applicant Regulation Changes top ^
Just less than four weeks after the interagency task force published its applicant definition proposal, the Office of Federal Contract Compliance Programs (OFCCP) published proposed regulation changes to implement its own definition of an Internet applicant. Both definitions address only interest expressed through the Internet or related technologies but there are significant differences. The most significant difference may be that the OFCCP definition excludes individuals who do not indicate that they posses the "advertised, basic qualifications" for an open position. The OFCCP has requested public comments on the proposed changes by May 28, 2004. The entire text of the proposed changes can be found in the March 29, 2004 Federal Register accessible online at www.gpoaccess.gov/fr.

Beck Poster Requirement Effective April 28, 2004 top ^
New regulations published in the March 29, 2004 Federal Register will require nonexempt Federal contractors to post the "Beck Poster" in those establishments with union representation. A copy of the required poster can be downloaded from the Office of Labor-Management Standards website at www.dol.gov/esa/regs/compliance/olms/BeckInfo.htm. Additionally, unless otherwise exempted, a cite to "29 CFR part 470" must be included in subcontracts or purchase orders entered into in connection with a contract of $100,000 or more. Information on the notice requirement can be found at the website listed above.

OFCCP Requests Renewal of Audit Scheduling Letter top ^
The OFCCP has asked for an extension of the audit Scheduling Letter used to request Affirmative Action Programs (AAPs) and other data for the desk audit. Three interesting OFCCP background comments from the March 24, 2004 Federal Register are that 1) the "OFCCP conducts multiple regression analyses and/or examines cohorts" for compensation disparities to determine if a violation has occurred, 2) the data submitted in response to Item 11 of the Scheduling Letter are "clearly not sufficient to make a determination of a violation," and 3) the "OFCCP asked for more data in just over 50%" of compliance evaluations. Public comments must be submitted by May 24, 2004.

Sample AAP for Small Employers Published by OFCCP top ^
This week the OFCCP published a sample AAP on its website for contractors with fewer than 150 employees. Please note that there are significant differences for contractors with 150 or more employees in their workforce or more than one establishment. The OFCCP also makes clear that there are other styles and formats that meet regulatory requirements. Note specifically that it is not necessary (or in some cases advisable) to combine any of the AAPs (for Minorities and Women, Protected Veterans, and Individuals with Disabilities) or Personnel Activity data into a single document. The sample AAP can be downloaded from the OFCCP website (www.dol.gov/esa/ofccp).

If you have any questions about any information presented here or would like to join us in submitting comments regarding the OFCCP Internet applicant definition or Scheduling Letter, please give us a call.