OFCCP's Proposed Equal Employment Opportunity Rules: More On-Site Investigations, More Data Collected From Contractors, Closer Scrutiny of Contractor Affirmative Action

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The Office of Federal Contract Compliance Programs ("OFCCP") recently proposed two rules that would, among other things, enhance the agency's investigative and enforcement capabilities and substantially increase the amount of EEO-related data it will collect from contractors. These proposals should come as no surprise – OFCCP's publicly available budget submissions to Congress for FYs 2011 and 2012 set out detailed explanations of the agency's long-term enforcement strategy.

The first proposed rule, published under the heading "Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans," would create significant new contractor obligations with respect to data collection and implementation of affirmative action plans under the Vietnam Era Veterans Readjustment Assistance Act ("VEVRAA"). 76 Fed. Reg. 23,358 (proposed Apr. 26, 2011). The second proposed rule, which appears under the misleadingly innocuous heading "Proposed Extension of the Approval of Information Collection Requirements Comment Request," would require prime contractors and subcontractors to collect and provide much more — and much more specific — information regarding implementation of their affirmative action plans for EEO than is presently the case. 76 Fed. Reg. 27,670 (proposed May 12, 2011).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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