MALY & ASSOCIATES  LLC

 

 
Management Consultants:
Specializing in human resource (HR) data analysis for EEO/AA reports and government audits
     
 
Compliance Alert

Imminent Changes and Regulation Updates

Caution: Changes to company practices, procedures and data systems should generally not be made until regulations become effective.

Contents
   Public Hearing on Proposed Changes to EEO-1 Report
   Executive Order 11246 Regulations Updated
   Impending Changes to Veterans' Mandatory Job Listing
   
Changes Coming to Veteran Definitions


Public Hearing on Proposed Changes to EEO-1 Report top ^
The Equal Employment Opportunity Commission (EEOC) announced that it will be holding a public hearing October 29, 2003 to discuss the proposed changes to the EEO-1 Report. Topics will include commentary on proposed race and ethnicity and job categories. The intent of the EEOC is to gather information to help revise the EEO-1 Report to reflect current government classification standards. Those who cannot attend the hearing in Washington D.C. may submit a written statement in lieu of testimony. The proposed changes can be found on the EEOC website at www.eeoc.gov/eeo1.

Executive Order 11246 Regulations Updated top ^
The Office of Federal Contract Compliance Programs (OFCCP) published a change to affirmative action regulations that reflects amendments made to Executive Order 11246 earlier this year. This change was part of President Bush's Executive Order 13279, "Equal Protection of the Laws for Faith-Based and Community Organizations," and was modeled on the exemption for religious organizations under Title VII of the Civil Rights Act of 1964. Simply put, the regulation change inserts a new paragraph (41 CFR 60-1.5(a)(5)) that exempts religious organizations from non-discrimination and affirmative action responsibilities in respect to employment selections based on a particular religion. For the exact language and background of the regulation changes, see the September 30, 2003 Federal Register (pages 59392-59393).

Impending Changes to Veterans' Mandatory Job Listing top ^
As it stands, effective December 1, 2003, posting job openings with America's Job Bank will no longer satisfy the mandatory job listing requirement for federal contractors (41 CFR 60-250.5(a)). However, according to James Melvin (Director, OFCCP Division of Policy, Planning and Program Development), efforts are ongoing to resolve this issue before it becomes effective. Although any changes to current company practices are premature, be aware that contractors may be required to revert to the old system of reporting directly to local employment service offices.

Changes Coming to Veteran Definitions top ^
Amendments to the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) that affected the mandatory job listing requirement will also affect the veteran definitions covered by VEVRAA. However, until regulations have been published to reflect these changes, affirmative action program (AAP) requirements will remain the same. For those interested, the December 1 effective definitions for covered veterans can be found in the Jobs for Veterans' Act at www.nvti.cudenver.edu/107_288/Main.htm.

If you have any questions about information presented here, please give us a call. We are happy to discuss what the changes may mean for your organization.

Questions? Call 415-454-4921, ext. 43
www.malyconsulting.com

Edward Correro
Maly & Associates LLC
October 9, 2003
 
     

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  The Compliance Alert is an almost monthly (that is, we don't publish if there is nothing of interest to report) email publication that addresses current compliance issues surrounding workplace affirmative action and the Labor Department's Office of Federal Contract Compliance Programs (OFCCP). This document is not legal advice and questions concerning specific legal issues should be addressed to legal counsel.

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