CWC expressed particular concern regarding proposed new Items 3, 16, and 17 of the Itemized Listing that accompanies the Scheduling Letter. These changes would require contractors to provide, at a review’s desk audit stage, additional payroll and employment activity data, evidence that tests and selection procedures were validated, and evidence that personnel and employment-related activities were monitored for discriminatory effects. CWC argued that it would be better to limit detailed information requests to cases where there is a reason to believe that violations are occurring.
CWC also stated that OFCCP is vastly underestimating the burden that its revised Scheduling Letter and Itemized Listing would impose on construction contractors.
After reviewing the comments it receives, OFCCP will determine whether to tweak the Scheduling Letter, Itemized Listing, or burden estimates before submitting a formal request for approval to the White House Office of Management and Budget (OMB). Once that occurs, interested parties will have one more opportunity to comment.