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Compliance
Alert
OFCCP to Make Significant
Changes to Three Rules
The
Department of Labor announced this week that it will be working on 90 new
rules that will benefit the American worker. Three of these rules will come from the
Office of Federal Contract Compliance Programs (OFCCP). In a web chat held on December 8, 2009,
OFCCP Director Patricia Shiu discussed and answered questions regarding the
proposed new rules.
The
OFCCP will focus the next year on strengthening Section 503 of the
Rehabilitation Act to improve recruitment of individuals with a
disability. Similarly, the Agency
will focus on strengthening affirmative action and nondiscrimination
obligations of the VEVRRA regulations to make sure protected veterans get
jobs. The Agency plans to require
contractors to conduct substantive analysis of recruitment and placement
actions under VEVRRA and Section 503 and will require the use of numerical
targets (goal setting) to measure the effectiveness of a contractor’s
affirmative action efforts.
The
required use of statistical analyses and goal setting for veterans and
individuals with a disability are significant developments for affirmative
action. It remains to be seen where
the availability data will come from for these groups.
The
OFCCP will also continue its work on reviewing and revising the affirmative
action rules for construction contractors.
These changes will probably be more welcomed since the current rules
for construction affirmative action are more than 30 years old.
These
announced changes are not expected to be revealed as proposed regulations (in
the Federal Register) until the end of 2010 and beginning of 2011. As usual, the public will have a chance
to respond to the proposed rules once they are published. We, at Maly Consulting LLC, will keep you
informed of any potential changes.
If
you have any questions or need further information on this or other EEO/AAP
topics, please contact any one of the professionals at Maly Consulting LLC.
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