Yocom & McKee, Inc.

Expect EO Surveys before 2003

Charles James, Director of OFCCP, revealed at a recent National Employment Law Institute conference that Equal Opportunity  Surveys will be mailed before the end of 2002. Rumors about the demise of these surveys under the Bush Administration have surfaced, but at the conference in November, Mr. James stated the current rules clearly require use of the EO Survey.
41 CFR 60-2.18 requires that: "Each year, OFCCP will designate a substantial portion of all non-construction contractor establishments to prepare and file an Equal Opportunity Survey. " Any attempt to change or eliminate the EO Survey requires a showing through "statistical analysis" that the

survey is no longer of value, and all Notice and Public comment procedures must be followed. These same Notice and Public comment procedures to institute EO Survey took several years to navigate.
Mr. James would not comment on exactly how many surveys will be mailed. Approximately 50,000 EO Surveys were sent during the last mailing in 2001.

The EO Survey was designed as an audit selection tool to replace the current EEO-1 based system. OFCCP is analyzing the usefulness of the EO Survey for selection purposes and designing implementation procedures.

Inside this issue:

Who is an Applicant?

The OFCCP and EEOC are still working on a definition of "applicant." In light of modern recruitment practices, the OMB has insisted that "applicant" be defined to justify continued use of the 1978 Employee selection Guidelines. The Guidelines state that" the concept of an

applicant is that of a person who has indicated an interest in being considered for hiring, promotion or other employment opportunity." The latest definition deadline is March 31, 2003, but don't be surprised if that deadline is extended.
Meanwhile, the OFCCP has sug

gested interim guidelines for contractors who desire a working definition that is more flexible than the current definition.
OFCCP Director Charles James stated at a National Employment Law Institute conference in Washington that all records of those who express interest 

Continued on Page 4

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