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OFCCP Sends Next Big Wave of Mandatory Equal Opportunity Surveys

  • December 5, 2002

Despite strong opposition from the contractor community, the OFCCP announced yesterday that it would mail mandatory Equal Opportunity Surveys to 10,000 federal contractor establishments during the week of December 2, 2002. While the OFCCP has extended the submission deadline to 90 days after receipt, rather than the 45 days provided for in earlier EO Surveys, contractors should begin to prepare to comply now.

In discussions with the OFCCP today, Jackson Lewis has learned that the EO Survey format will remain essentially unchanged from the EO Surveys sent out in 2001. That means contractors must submit wide-ranging workforce data, including an incumbent workforce "snapshot" and 12 months of personnel activity data -- applicant flow, new hires, promotions and terminations. Despite continuing controversy, the OFCCP once again uses its extremely broad definition of "applicant" and continues to require the submission of highly sensitive compensation information, even for senior management. Moreover, like earlier versions, the EO Survey again requires that contractors provide workforce and personnel activity data only for full-time employees and applicants, unlike companies' affirmative action plans and EEO-1 reports, which are required to include both full-time and part-time employees and applicants. This will make compiling the EO Survey data much more burdensome for contractors. Lastly, the EO Survey continues to require that contractors certify they have affirmative action plans in place and that those plans are up-to-date.

Like last year, the OFCCP will mail the EO Surveys for all company locations in a single package to the company's corporate office.

©2002 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

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