The OFCCP Institute submits comments on proposed changes to Scheduling Letter and Itemized Listing

The OFCCP Institute (“The Institute”) recently submitted comments in response to OFCCP’s Proposed Renewal of Information Collection Requirements, published on October 29, 2015, which describes proposed changes to the Scheduling Letter and Itemized Listing. The Institute’s comments highlighted two major grievances with the proposed changes:

1. The OFCCP should clarify its intentions and authority to share information amongst other agencies and the public

Citing 41 CFR § 60-1.20(g) and the Freedom of Information Act, as amended, 5 U.S.C. § 552 (2009), OFCCP has added language to the end of the Scheduling Letter stating they “may share such information with other federal government agencies to promote interagency coordination and collaboration,” and “the public may seek disclosure of the information you provide during a compliance evaluation.” There is a concern that the proposed language seeks to expand OFCCP’s ability to share and disclose information without appropriate legal authority. The Institute requested that OFCCP provide clarification on whether they intend to share information more broadly with other federal agencies, in addition to the EEOC and DOJ.

2. The OFCCP should remove the additional requirements included in the itemized listing to provide data every six months because it is not consistent with the requirements under Section 503 and VEVRAA  to provide annual data

Itemized Listing items 9 and 10 under Section 503, and Items 13 and 14 under VEVRAA require federal contractors, who are six months or more into their current plan year, to collect and analyze six months’ worth of update data in addition to data for the immediately preceding AAP year.  Analyzing an additional six months’ worth of data goes beyond what is outlined in the regulations, which require contractors to collect and analyze data on an annual basis. Further, this collection and analysis was not factored into the burden estimates of the regulations or in the revised Itemized Listing. In order to remain consistent with the regulations, the Institute recommended that OFCCP revise Items 9, 10, 13 and 14 to remove the additional requirements.

Click here for the full submission of comments by the OFCCP Institute.

By Bryce Hansell, HR Analyst and Jeff Henderson, Associate Consultant at DCI Consulting Group

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