On May 12th, OFCCP published in the Federal Register its proposed changes to the Scheduling Letter and Itemized Listing.

Below is the OFCCP’s description and justification of the proposed changes:

“OFCCP has revised the Scheduling Letter and its Itemized Listing. These revisions will reduce overall burden hours on contractors and enhance OFCCP’s desk audit and data analysis abilities. The revisions in the body of the Scheduling Letter were made for clarity and do not affect overall burden hours. The changes to the Itemized listing are the following:

1. A new item 8: submission of employment policies covering the Family and Medical Leave Act (FMLA), pregnancy leave, and accommodations for religious observances and practices. Receipt of these policies would assist OFCCP in better determining the existence of sex or religious discrimination indicators within contractor organizations. Additionally, the policy requirements would enhance OFCCP’s broad authority under Executive Order 11246 to prohibit sex and religious discrimination in employment and its share enforcement responsibilities with the EEOC under Title VII…

2. Changes to new item 9 (current item 8 ) –- OFCCP further defined “other information” in contractor collective bargaining agreements to clarify for contractors the specific information requested during compliance evaluations…

3. Changes to new item 10 (current item 9) –- AAP reporting requirements changed from preceding year to immediate preceding year to clarify specific AAP reporting timelines for contractors…

4. Changes to new item 11 (current item 10) -– OFCCP included more specific demographic information related to Applicants, Hires, Promotions, and Terminations to eliminate ambiguous minority and non-minority terminology. In addition, contractors would now be required to submit data by job group and job title, instead of job group or job title in the current Scheduling Letter. This revised submission would result in OFCCP obtaining more accurate reporting data for its analyses related to identifying sex and race discrimination indicators…

5. Changes to new item 12 (current item 11) -– The changes would require a contractor to submit more precise data for OFCCP’s compensation analysis. The more precise data is individual employee data rather than the aggregate data requested in the current Scheduling Letter. A submission of the data would allow OFCCP to perform specific analyses, and pinpoint possible discrimination based on race or sex. We will no longer ask for aggregate compensation data, which required contractors to summarize the data themselves, thereby increasing their burden. In addition, the aggregate data was less effective in allowing OFCCP to analyze compensation…

6. New item 13 — A copy of the Veterans’ Employment Report VETS-100 and/or VETS-100A for the last three years. These documents are required reporting for federal contractors and include information on their hiring on disabled and other protected veterans under VEVRAA. This information supports OFCCP’s efforts to prohibit discrimination based on an individual’s status as a protected veteran…”