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DOL/ESA

RIN: 1215-AB45

Publication ID: Spring 2005

Title: Obligation To Solicit Race and Gender Data for Agency Enforcement Purposes
Abstract: The Office of Federal Contract Compliance Programs (OFCCP) has promulgated regulations requiring covered federal contractors to maintain certain employment records for OFCCP compliance monitoring and other enforcement purposes. These regulations were amended on November 13, 2000, to require employers to be able to identify, where possible, the gender, race, and ethnicity of each applicant for employment. OFCCP promulgated this regulatory requirement to govern OFCCP compliance monitoring and enforcement purposes (e.g., to allow OFCCP to verify EEO data), consistent with the Uniform Guidelines on Employee Selection Procedures. The Uniform Guidelines on Employee Selection Procedures were issued in 1978 by the Equal Employment Opportunity Commission, the Department of Labor, the Department of Justice, and the predecessor to the Office of Personnel Management (UGESP agencies). The Uniform Guidelines on Employee Selection Procedures require employers to keep certain kinds of information and detail methods for validating tests and selection procedures that are found to have a disparate impact. In 2000, the Office of Management and Budget instructed the Equal Employment Opportunity Commission to consult with the Department of Labor, the Department of Justice, and the Office of Personnel Management and evaluate the need for changes to the Questions and Answers accompanying the Uniform Guidelines necessitated by the growth of the Internet as a job search mechanism. The UGESP agencies recently have promulgated interpretive guidelines in question and answer format to clarify how the Uniform Guidelines on Employee Selection Procedures apply in the context of the Internet and related technologies. The recent interpretive guidelines expressly contemplate that each agency may provide further information, as appropriate, through the issuance of additional guidance or regulations that will allow each agency to carry out its specific enforcement responsibilities. The final rule would amend OFCCP recordkeeping requirements for OFCCP enforcement and compliance monitoring and other enforcement purposes to conform to the new interpretive guidance promulgated by the UGESP agencies.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 41 CFR 60-1 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: EO 11246 EO 11375 EO 12086 EO 13279

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	03/29/2004	69 FR 16446
NPRM Comment Period End	05/28/2004
Final Action	07/00/2005

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Joseph J. DuBray Jr. Director, Div. of Policy, Planning & Program Development, Off. of Fed. Contract Compliance Programs Department of Labor Employment Standards Administration 200 Constitution Avenue NW., Room N-3422, FP Building, Washington, DC 20210 Phone:202 693-0102 TDD Phone:202 693-1337 Fax:202 693-1304 Email: ofccp-mail@dol-esa.gov