bi-annually to the OFCCP in addition to the submission of the annual EEO-1 and Vets 100 reports. The EO Survey requires the inclusion of employee, applicant and hire information which will summarize much of the actual affirmative action plan.  Annualized compensation data in the report will be used by the OFCCP to identify pay disparity issues and trigger compliance reviews.

A highly touted change was made to the "Eight Factor" Availability Analysis. Contractors must now consider at least the following factors:

  1. The percentage of minorities and women with requisite skills in a reasonable recruitment area.
  2. The percentage of minorities and women among those promotable, transferable and trainable.

On the surface there are two factors, but the regulations require contractors to document how they arrived at the availability figures for each factor. What this means is that previous factors 1, 2, & 3 were eliminated; factors 4, 5 & 7 were combined into new factor 1; and factors 6 & 8  became new factor 2.

Employees must be included in the AAP where they work, with three exceptions:

  1. Employees who work at an establishment other than that of their manager, must be included in the AAP of their manager.
  2. There are 3 options for employees who work at a

These regulations..."will refocus the regulatory emphasis from the development of a document that complies with highly prescriptive standards, to a performance base standard that implements an AAP into the overall management plan of the contractor."
Summary statement of the new Regulations

On December 13, 2000, sweeping changes to affirmative action became law. The Office of Federal Contract Compliance Programs (OFCCP) claims they  simplify compliance, but government contractors will need to completely revamp their affirmative action plans and processes! Virtually every statistical report and narrative document included in a plan are affected.

The last time such sweeping changes in affirmative action were proposed was during the Carter Administration. Before the regulations could become final, the Reagan Administration took office and froze them. The regulations never became law and the OFCCP appears to have learned from this experience! These new regulations passed in November, became law before the Bush Administration took office. The new administration cannot freeze final, published regulations. The entire notice and comment process would need to be repeated to rescind or otherwise change the regulations, which could take years.

The most significant new requirement might be the Equal Opportunity Survey. It must be submitted