Proposed regulation changes to "Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors regarding protected Veterans" require contractors to establish hiring benchmarks "using existing data on veteran availability".
The proposed rule recognizes that availability data is not readily available: ". . .the Bureau of Labor Statistics and Census Bureau do not tabulate data pertaining to the specific classifications of protected veterans under part §60-300 . . ." and requires contractors to "consult a number of different sources of information" in establishing hiring benchmarks.
Two of the required sources are established using new contractor data collection and analyses requirements also included in the proposed rule:
- Historical ratios (referral, applicant, and hiring), newly established under the proposed rule. The OFCCP believes that the newly required data collection analysis will provide "important information that does not currently exist"; and
- A review of the effectiveness of the previous 12 months of outreach and recruitment efforts - this will incorporate the contractors' established ratios.
Two additional required sources will be posted on the OFCCP web-site. In establishing hiring benchmarks, there are a total of five sources that contractors "shall take into account":
- The average percentage of veterans in the civilian labor force in the State(s) where the contractor is located, over the preceding three years, as calculated by the Bureau of Labor Statistics and published on the OFCCP Web site;
- The number of veterans, over the previous four quarters, who were participants in the employment service delivery system in the State(s) where the contractor is located, as tabulated by the Veterans' Employment and Training Service and published on the OFCCP Web site;
- The referral ratio, applicant ratio, and hiring ratio for the previous year, as set forth in §60-300.44(k);
- The contractor's recent assessments of the effectiveness of its external outreach and recruitment efforts as set forth in §60-300.44(f)(3); and
- Any other factors, including but not limited to the nature of the contractor's job openings and/or its location which would tend to affect the availability of qualified protected veterans.
View the proposed rule here
THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming OFCCP's regulatory efforts. We offer pro-active and proven compliance tools and methods.
For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., visit our website, call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.
