OFCCP
Releases 2004 EO Surveys
The Office of Federal Contract Compliance (OFCCP) has released
its new round of Equal Opportunity Surveys for 2004. Contractors
must submit their completed surveys by March 26, 2004. The
2004 surveys follow the same format as the previous versions.
Please contact us at Employment
Practices Counsel if we can be of assisting in helping you
complete your surveys.
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President Signs Credit
Act Addressing Employee Investigations
President Bush signed into law on December 4, 2003, the Fair
and Accurate Credit Transaction Act of 2003, which among other
things exempts third party investigators of alleged employee
wrong-doing from the Fair Credit Reporting Act (FCRA) notice
and disclosure requirement.
This portion of the Act was in response to an opinion letter
issued by the Fair Trade Commission, interpreting the 1996
Amendments to the FCRA. According to the FTC opinion letter
the FCRA required employers who hired outside investigators
to look into alleged employee wrong-doing to notify the targeted
employee of the investigation, obtain the employees prior
consent or fully disclose the investigative report before
taking any adverse action. The new act requires only that,
after taking adverse employment action, employers disclose
a summary of the report that does not disclose the sources
of information.
The effective date of the FACT Act will be determined jointly
by the FTC and the Board of Governors for the Federal Reserve
System.
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EEOC Proposes Changes
TO The Employer Information Report (EEO-1)Form
Changes in Race and Ethnic Categories
On June 11, the EEOC proposed changes to the EEO-1 form. Drawing
on earlier recommendations from OMB in the late 1990s, EEOC
proposes that the race and ethnic categories on which employers
report be increased to 7 (Hispanic or Latino, White, Black
or African American, Native
Hawaiian or Other Pacific Islander, Asian, American Indian or
Alaska Native, or "Two or More Races"). While the current
EEO-1 form suggests obtaining this information by visual survey
or post-employment records, this proposal states that "self-identification" by
employees is the preferred method of identifying ethnicity and
race, but "if self-identification is not feasible, post-employment
records or observer identification may be used to obtain this
information." The proposal includes a "Suggested Employee
Questionnaire" to obtain this information.
Changes To The
Officials and Managers Job Group
The EEOC has also proposed subdividing the current Officials & Managers
category to 3 subcategories -- executive/senior level, mid-level,
and lower-level officials & managers.
The EEOC will accept comments on the proposed changes until
August 11, 2003 and will later hold a public hearing regarding
the changes.
Click on the following link to view the text of the proposed
changes.
Read
Full Article
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OMB Proposes News
MSAs
The Office of Management and Budget (OMB) has published
a list of new metropolitan statistical areas (MSAs), based
on the 2000 census. This may affect those of you who prepare
written affirmative action programs.
Click on the following link to view the proposed changes.
Read Full
Article
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