The Office of Federal Contract Compliance (OFCCP) has rescinded its controversial mandatory equal opportunity (EO) survey, according to an agency rule published in the September 8, 2006, Federal Register.
The Office of Federal Contract Compliance (OFCCP) has rescinded its controversial mandatory equal opportunity (EO) survey, according to an agency rule published in the September 8, 2006, Federal Register. The survey required non-construction contractor establishments designated by the OFCCP to complete an annual survey regarding personnel activities, compensation and tenure data, and the contractor's affirmative action program.
The agency suggested rescinding the survey in January 2006; thus this decision is not unexpected. The survey had never been used an as enforcement tool and has been criticized by many as burdensome and not providing useful information. In fact, in the comments to the September 8 rule, the OFCCP states: “The EO Survey data is not reliable or useful in targeting enforcement resources. Other more effective methods for collecting and analyzing compensation data exist.” The agency also noted that it has initiated more promising compliance assistance and enforcement programs that have resulted in more vigorous and efficient enforcement of equal employment opportunity laws than resulted from the use of the EO survey.
If you have any questions regarding this issue, please contact the Ford & Harrison attorney with whom you usually work or Karin Verdon, a partner in our Denver office, at kverdon@fordharrison.com or 303-592-8865.