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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.
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Questions?
Call 415-454-4921, ext. 43
www.malyconsulting.com
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Edward
Correro
Maly & Associates LLC
October 9, 2003
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