Re: Comments on Supply and Service Program; Proposed Approval of Information Collection Requirements; FR Doc. 2022–25311
View a PDF of this letter here.
January 20, 2023
Tina T. Williams,
Director, Division of Policy and Program Development
Office of Federal Contract Compliance Programs
U.S. Department of Labor
200 Constitution Avenue NW, Room C-3325
Washington, DC 20210
Submitted via regulations.gov
Re: Comments on Supply and Service Program; Proposed Approval of Information Collection Requirements; FR Doc. 2022–25311
Dear Ms. Williams,
On behalf of The Leadership Conference on Civil and Human Rights, a coalition of more than 230 national organizations committed to promoting and protecting the civil and human rights of all persons in the United States, we write in support of the Office of Federal Contract Compliance Programs’ (OFCCP) request for reauthorization of its compliance review scheduling letter, and its proposal that the scheduling letter collect more detailed and complete information at the outset of a compliance review.
Working people across the United States experience employment discrimination that robs them of employment opportunities, economic security, and dignity on the job. The cost of discrimination for people of color, women, LGBTQ+ people, people with disabilities, veterans, and other marginalized and multi-marginalized groups is significant.[1] Workplace discrimination can prevent access to a job or a promotion, cause a hostile working environment, or lower pay. Companies that contract with the federal government agree to both refrain from discrimination and take affirmative steps to promote employment opportunities for individuals who are members of certain underrepresented groups. These affirmative steps include proactively monitoring workplace equal employment opportunity and pay equity, making a meaningful effort to recruit qualified applicants from underrepresented groups, and breaking down barriers to equal opportunity for veterans and individuals with disabilities. Federal contractors subject to these requirements have better records when it comes to equal employment opportunity for Black workers, [2] as well as women and workers of color broadly,[3] than employers who are not federal contractors.
Through compliance reviews, OFCCP can proactively identify, investigate, and remedy patterns of discrimination, even in the absence of an individual complaint, and can evaluate contractors’ compliance with affirmative action obligations. OFCCP uses its scheduling letter to notify contractors that they have been selected to undergo a compliance review and identifies the initial information those contractors must provide. Updating the letter to obtain critical information at the beginning of the compliance review will support OFCCP’s goal of strengthening the effectiveness of its compliance evaluations, promoting greater contractor compliance and employer self-auditing, and ultimately benefiting more workers. These changes will speed the pace of reviews, conserve agency resources, provide additional clarity for employers, and enable OFCCP to identify potential problem areas more quickly and accurately.
Thank you for your consideration of our views. Please reach out to Josh Boxerman, senior policy analyst, at [email protected] with any questions.
Sincerely,
Jesselyn McCurdy
Executive Vice President for Government Affairs
[1] U.S. Equal Employment Opportunity Commission, Enforcement and Litigation Statistics, https://www.eeoc.gov/data/enforcement-and-litigation-statistics-0; Office of Federal Contract Compliance Programs, OFCCP By the Numbers, https://www.dol.gov/agencies/ofccp/about/data/accomplishments
[2] Conrad Miller, The Persistent Effect of Temporary Affirmative Action, 9 Am. Econ. J.: Applied Econ., 152 (2017), https://www.aeaweb.org/articles?id=10.1257/app.20160121.
[3] Fidan Kurtulus, Affirmative Action and the Occupational Advancement of Minorities and Women During 1973–2003, 51 Indus. Rels.: J. of Econ. and Soc’y 213, (2012), https://doi.org/10.1111/j.1468-232X.2012.00675.x