In May 2011, when OFCCP issued its revised scheduling letter and other compliance documents, it asked the contractor community to comment. Despite comments from nearly 20 interested contractor groups and individuals, OFCCP recently revealed that it made only minor changes to its proposed new scheduling letter, compliance check letter, and itemized listing.

The comments OFCCP received ranged from overly burdensome reporting requirements to limiting the broad scope of the document requests in the itemized listing.

OFCCP’s Rationale
OFCCP’s supporting statement, filed with the “revised” scheduling letter to OMB in September 2011, outlines some of the agency’s rationale for disregarding or rejecting the public’s comments.

According to OFCCP’s supporting statement, the agency “seriously considered” the comments it received, but “determined that the benefits associated with improved data received from contractors, and the net reduction of 1.34 hours in the total burden hours spent by contractors in supplying the OFCCP with that data, are the best, most innovated, and least burdensome tasks for achieving regulatory ends.”

The agency also cited “societal benefits” resulting from finalizing the proposed changes to the Scheduling Letter and Itemized Listing, including the:

• Inclusion of more qualified workers in the nation’s workforce,
• Ability to provide America’s returning veterans and wounded warriors meaningful employment opportunities as they transition from the military,
• Opportunity to develop a workforce that reflects the diversity of the nation, and
• Strengthening our ability to compete effectively in a global economy based on the diversity and skill of America’s workforce.

It is anticipated that the final scheduling letter will be released in January 2012.