July 2020

VETS Site Open for VETS-4212 Reporting

Federal contractors and subcontractors who are required to file form VETS-4212 can submit their forms electronically by using either the VETS-4212 Reporting Application or batching process, or by using the paper form by email or U.S. mail. VETS recommends that you file your form electronically. Processing of mailed VETS-4212 Reports may be delayed due to COVID-19-Related Social Distancing Measures. In order to ensure timely receipt and processing, VETS strongly recommends that contractors submit their reports electronically at VETS-4212 Reporting Application - Log in. NOTE: 2019 VETS-4212 Reports can no longer be filed electronically.

OFCCP VEVRAA Focused Reviews

As reiterated during the 2020 National Industry Liaison Group (NILG) Virtual Conference, the OFCCP expects to begin focused reviews of Vietnam Veterans’ Readjustment Assistance Act (VEVRAA) compliance soon.   According to Directive 2018-04, the OFCCP informed contractors of its intent to conduct compliance reviewed focused solely on the VEVRAA regulations. A 2019 Corporate Scheduling Announcement List (CSAL) was released and identified 500 contractor establishment locations for future reviews.

OFCCP Proposed Rule Stage

The DOL/OFCCP’s Notice of Proposed Rulemaking (NPRM) titled “Affirmative Action Obligations of Federal Contractors and Subcontractors Scope and Application of Programs”, Publication ID: Spring 2020, would revise regulations at 41 CFR chapter 60 to clarify how federal contractors and subcontractors may organize their employee affirmative action program under Executive Order 11246 (as amended), section 503 of the Rehabilitation Act (as amended), and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (as amended). The NPRM would also codify a voluntary program currently authorized by the Office of Management and Budget that allows federal contractors and subcontractors to organize affirmative action programs by functional or business units.

EEOC Announcement July 16, 2020

The EEOC announced that the Commission has voted unanimously to fund a statistical study with the National Academies of Sciences, Engineering, and Medicine’s Committee on National Statistics (CNSTAT) to conduct an independent assessment of the quality and utility of the EEO-1 Component 2 data that was collected for FY 2017 and FY 2018 last year as a result of a court order. The Information Quality Act requires the EEOC to assess and assure the quality and utility of data collected by the agency. In order to meet the requirements of the Information Quality Act, the assessment by CNSTAT will examine the fitness for use of the data, including the utility of pay bands in measuring pay disparities and potential statistical and analytically appropriate uses of the data. The CNSTAT assessment will also inform the EEOC’s approach to future data collections.

EEOC Announcement July 7, 2020

The EEOC announced two six-month pilot programs that will expand opportunities for parties to voluntarily resolve charges through mediation and increase the effectiveness of the conciliation process.   These pilot programs are said to expand the highly successful Mediation Program and modify the Conciliation process.

OFCCP Final Rule July 2, 2020

“Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: TRICARE Providers”, has been published in the Federal Register. The new rule “removes TRICARE providers from OFCCP’s authority” and “establishes a national interest exemption for TRICARE providers” from the obligations in Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.”  NPRM date: 11/6/2019; Comment period end date: 12/5/2019