Comments due July 3 on proposed revised regulations for affirmative action programs

The U.S. Department of Labor plans to revise the regulations that establish the required contents of affirmative action programs, including a provision to codify the new Equal Opportunity Survey. The National Center on Poverty Law and Women Employed are urging you to submit written comments by July 3, 2000, in support of the revision. The Labor Department's Office of Federal Contract Compliance Programs announced the proposed amendments to the regulations in the May 4, 2000, Federal Register. Last November WomanView had asked its readers to submit written comments on the Office of Federal Contract Compliance Programs' proposal to survey federal contractors annually. As a result of overwhelming comments filed by many WomanView readers and others in support of the Equal Opportunity Survey, the first round of the survey was mailed in March. For the first time in the history of the program, employers have to submit annual employment data. The new survey collects data reflecting personnel activity-applicants, incumbents, hires, promotions, and terminations-and compensation data. 

Background. The current regulations require federal nonconstruction contractors with 50 or more employees and a contract of $50,000 or more to prepare and implement an affirmative action program. Contractors are
required to take affirmative steps to identify and eliminate impediments to equal employment opportunity. The revision proposal refocuses the regulatory emphasis from gaining compliance through a written document to a
performance-based standard that effectively implements an affirmative action program into the contractor's overall management plan. 

Impact. The proposed changes would significantly streamline the obligations of federal contractors and subcontractors to maintain affirmative action programs under Executive Order 11246. At the same time they would require employers to file the Equal Opportunity Survey, supplying summary compensation and personnel data.

COMMENTS ON THE PROPOSED REGULATIONS ARE DUE BY JULY 3, 2000, via mail (see
following sample letter for address) or fax (202.693.1304 up to six pages). Women Employed Institute, the National Partnership for Women & Families, and the National Women's Law Center have prepared and submitted comments on the proposal.

Please feel free to contact Nancy Kreiter, the research director of Women Employed, 312.782.3902, if you would like a copy of those comments; you may use their text. The National Center on Poverty Law supports the efforts of these organizations and strongly urges you to submit comments and encourage others to do so as well. We need widespread grass-roots support to counteract the strong opposition to the Equal Opportunity Survey that we expect from the corporate community. If you do not have time to create your own comments, following is a sample letter that you may sign and send. Women Employed would appreciate receiving a copy of your submission. Please fax a copy of your comments to Nancy Kreiter, 312.782.5249. We cannot stress enough how vital your action will be to the approval of the proposed amendments. Not only the substance of the comments submitted but also the sheer numbers of commenters supporting and opposing the proposed amendments will influence the final action on the amendments. Whether from an individual or an organization, every single set of comments counts.

Thank you for your continued commitment to equal opportunity.

Sample letter to the Office of Federal Contract Compliance Programs

June __, 2000

James I. Melvin, Director
Division of Policy, Planning and Program Development
OFCCP, Room C-3325
200 Constitution Avenue NW
Washington, DC 20210

Dear Mr. Melvin:

I am writing to comment on the recent proposal by the Office of Federal Contract Compliance Programs to revise the regulations that implement Executive Order 11246, as amended, and that establish requirements for
affirmative action programs. I support regulations that ensure nondiscrimination and pay equity in the workplace by requiring federal contractors to take affirmative steps in order to identify and eliminate impediments to equal employment opportunity. Affirmative action programs are an effective tool for contractors to assess current workplace policies in order to provide an environment free from discriminatory practices. Streamlining the compliance process will reduce the contractors' burden along with increasing overall efficiency. However, the proposed simplification process must not undermine the overall intention of affirmative action. Therefore, inclusion of the Equal Opportunity Survey is essential. The survey will give your office  meaningful analytical data about contractor employment practices, increase federal contractors' accountability, help uncover unlawful hiring, pay, and promotion practices, and encourage contractors to conduct self-audits and undertake proactive measures to ensure nondiscrimination and pay equity in their workplaces. I strongly support these significantly streamlined obligations of federal contractors in combination with the Equal Opportunity Survey. Thank you for the opportunity to submit comments.

Sincerely,

(Signature)
(Print Name)
(Address)