No Surprises in OFCCP and EEOC’S Semiannual Regulatory Agendas

The Department of Labor and the EEOC published their Semiannual Regulatory Agendas in the Federal Register (71 FR 22896 and 71 FR 23392) on April 24, 2006. These agendas, which are required under Executive Order 12866 and the Regulatory Flexibility Act, list all their planned regulatory actions for the next 12 months.

The following are the key regulatory actions related to EEO and affirmative action. Check the complete agendas for additional regulatory actions of interest to your company.

OFCCP - Final Rule Stage:
· Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era (RIN 1215-AB46). The new rule would implement the Vietnam Era Veterans’ Readjustment Assistance Act to conform to the Jobs for Veterans Act. Final action expected November 2006.

· Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Equal Opportunity Survey (RIN 1215-AB53). The final rule will address concerns regarding the effectiveness of the EO Survey. Final action expected August 2006. (UPDATE: The EO Survey will be eliminated effective September 8, 2006- click here for details.)

NOTE: OFCCP’s guidance on systemic compensation discrimination was not listed in DOL’s Semiannual Regulatory Agenda. It is still under review by the White House’s Office of Management and Budget and expected to be released this summer.

EEOC - Proposed Rule Stage:
· Disparate Impact and Reasonable Factors Other Than Age (RIN 3046-AA76). EEOC intends to revise its regulation on disparate impact to conform with the 2005 Supreme Court ruling in Smith v. City of Jackson. Notice of proposed rulemaking is expected in September 2006.

· Coverage Under the Age Discrimination in Employment Act (RIN 3046-AA78). The EEOC is revising relevant portions of its regulation to conform to the holding in the 2004 Supreme Court case General Dynamics Land Systems v. Cline. Notice of proposed rulemaking is expected in July 2006.

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