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Compliance Alert
2003 Year-End Review
and Look Forward to 2004
Contents
Increased Audit Activity
Applicant Issue Unsettled
2000 EEO Census Data Released
Government Reporting Reevaluated
Increased Audit Activity top
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Probably the most significant change for federal contractors this
year has been the increase in the number of audits. According to
Department of Labor figures released last month, the Office of Federal
Contract Compliance Programs (OFCCP) conducted 7,709 compliance
evaluations in fiscal year 2003 and obtained financial remedies
of $26,220,356. We can expect a continued high level of audit activity
in 2004 as the OFCCP focuses on uncovering systemic discrimination
in compensation and hiring.
Applicant Issue Unsettled top
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The task force set up to define "applicant" was given
three more extensions in 2003 and will likely get another by not
meeting its latest deadline of December 31, 2003. However, the OFCCP
has been closing audits in 2003 without resolving the applicant
issue. At this stage, it is anyone's guess as to when this issue
will finally be resolved.
2000 EEO Census Data Released top
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The United States Census Bureau has released the Special EEO File
(though not in its entirety) that contains the data used to calculate
the availability of women and minorities for various occupations
and categories. However, the file is still in a relatively unwieldy
format and most affirmative action program (AAP) software vendors
predict it will be a few months before software will be updated
to incorporate the new data. With this in mind, the OFCCP has indicated
that it will not expect federal contractors with January AAP start
dates to use the 2000 data.
The
Special EEO File can be downloaded from the Equal Employment Opportunity
Commission website at www.eeoc.gov/stats/census
or searched on the Census Bureau website at www.census.gov/eeo2000.
Government Reports Reevaluated top
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Although the three government reports required of federal contractors
(EEO-1 Report, VETS-100, and EO Survey) remained the same in 2003,
all three are currently being examined and changes discussed. The
EEO-1 Report will likely remain the same in 2004 but proposed changes
are being evaluated. The VETS-100 Report will likely change in 2004
to reflect changes in veteran definitions. The EO Survey is currently
being evaluated by the OFCCP to determine its utility.
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
December 31, 2003
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