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.

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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.

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eNewsletter Archive:

October 2004

August 2004

July 2004

 

 

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