On August 10, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) issued its advance notice of proposed rulemaking (“ANPRM”) requesting comments on a new compensation data collection tool it plans to create. The OFCCP indicated that this new tool could potentially be used to identify compensation discrimination at contractor establishments and identify and analyze “industry trends, Federal contractors’ compensation practices, and potential equal employment-related issues.” The ANPRM specifically seeks input on fifteen questions relating to the “scope, content, and format” of the new tool, including:
- What data or information should be collected in order for the OFCCP to assess whether further investigation into the contractor’s compensation decisions and policies is necessary?
- What job categories (e.g., EEO-1 job categories, job titles, job groups) should be used to collect the data above?
- What elements of compensation should be collected (e.g., total W-2 earnings, holiday pay, shift differential, base salary, etc.)?
- What specific categories of data would be most useful for conducting compensation analyses across a contractor’s various establishments?
Comments must be submitted to OFCCP by October 10, 2011. The ANPRM is available at: http://www.ofr.gov/OFRUpload/OFRData/2011-20299_PI.pdf