(UPDATE: The EO Survey will be eliminated effective September 8, 2006- click here for details.)
OFCCP is currently reviewing approximately 2,700 public comments in response to a Notice of Proposed Rulemaking (NPRM) published January 20, 2006, in which the agency proposed removing the current requirement for federal contractors to file the Equal Opportunity Survey (41 CFR 60-2.18).
In the NPRM, OFCCP cited the findings of two studies conducted by external consultants. The studies tried to determine whether or not the EO Survey was effective in identifying systemic discrimination. Based upon the results of these studies, OFCCP concluded that the survey was not a very good predictor of discrimination, and that the agency's limited resources would be better directed toward more effective compliance enforcement activities.
OFCCP is preparing to make a final decision about the fate of the much-maligned survey and publish a final regulation sometime this fall.
The deadline for submitting comments- originally 60 days after the NPRM publication date- was extended to March 28, 2006 after a system upgrade at the agency invalidated the e-mail address originally provided for submissions.
An initial review of the submitted comments reveals a majority in favor of eliminating the EO Survey- comments supporting the OFCCP's proposal outnumber comments expressing opposition by a 3-to-2 margin.
