OFCCP Draft Bias Rule Overrelies on Statistical Significance

OFCCP Draft Bias Rule

The OFCCP is a federal agency that monitors and enforces the nondiscrimination and affirmative action requirements of Executive Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam Era Veterans’ Readjustment Assistance Act, or VEVRAA. Each year, the OFCCP schedules approximately 2% of the 120,000 federal supply and service contractor establishments for compliance evaluations.

In August 2018, the OFCCP released directive 2018-07 as a direct response to recommendations included in the Government Accountability Office report released in September 2016, titled “Strengthening Oversight Could Improve Federal Contractor Nondiscrimination Compliance.”[2] The GAO, an agency of the legislative branch, audits and evaluates federal programs and agencies at the request of Congress to ensure that they are effectively using allocated funds. Like all federal agencies, the OFCCP is subject to congressional oversight. The published report found that “OFCCP processes do not ensure that all contractors are complying with their obligation to complete and annually update an AAP.”

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