The OFCCP has posted interim guidance on its website regarding the use of race and ethnic categories in affirmative action programs.
As stated in part in this interim guidance, in light of the changes made to the EEO-1 Report, OFCCP is drafting proposed amendments to its recordkeeping and affirmative action program regulations at 41 CFR parts 60-1 and 60-2 “designed to require the use of consistent race and ethnic categories in the Executive Order program.”
OFCCP plans to publish its proposed regulatory changes in the Federal Register for a sixty-day public comment period in the near future. OFCCP will review and consider the public comments before deciding on the final race and ethnic categories contractors will be required to use under the Executive Order.
OFCCP states in their interim guidance that “until final rules and guidance are provided by OFCCP, as a matter of enforcement discretion, the agency will not cite a contractor for non-compliance solely because it utilizes the race and ethnic categories required by the revised EEO-1 Report when preparing its AAP. Contractors are also permitted to prepare their AAP using the racial and ethnic categories provided under OFCCP’s current regulations.”
This is important interim guidance, and federal contractors should review it closely in its entirety.
By Patricia A. Schaeffer, Vice President-Regulatory Affairs