OFCCP Rescinds Equal Opportunity (EO) Survey
In September 2006, the Office of Federal Contract Compliance Programs (OFCCP), which is part of the U.S. Department of Labor's Employment Standards Administration and is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination and affirmative action, rescinded its Equal Opportunity (EO) Survey. The EO Survey required the submission of extensive personnel data, including applicant flow, new hire, promotion, termination, workforce incumbency, compensation and tenure data, broken down by race, ethnicity, and gender with the goal of facilitating self-assessment of potential discrimination. However, the OFCCP concluded that the EO Survey was not an effective tool to effectuate such an assessment.
Approximately 22% of the total civilian work force is employed by federal government contractors or subcontractors that have an affirmative action mandate.1 If your company has 50 or more employees and a federal government contract or subcontract to provide more than $50,000 a year in goods and services, then you are obligated to prepare annual affirmative action plans and to monitor closely your employment percentages of women and minorities compared to what is available in labor markets in which you operate. Moreover, you must develop written affirmative action plans for each of your company's establishments and maintain detailed records about the demographics of your employees.
Jackson & Campbell 's Employment Law Practice Group can assist companies in the designing, maintaining, and implementing written affirmative action plans that are compliant with applicable laws and regulations. Jackson & Campbell can also help covered employers understand their affirmative action obligations and the procedures for plan development as well as assist with compliance audits by the OFCCP, state and local affirmative action and/or employment opportunity agencies.
1 The Department of Labor's Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP).
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