The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) is moving forward with revisions to its construction scheduling letter.  While the goal of enhancing EEO compliance is laudable, a closer look reveals some potentially unintended consequences.

The proposed changes include requiring additional data from contractors,  including employee-level payroll information and documentation of outreach efforts  towards specific protected groups.  While this data may provide a more granular picture of a contractor's workforce, it also raises concerns about administrative burden.

Compliance with these requirements can be time-consuming and costly for construction firms,  potentially diverting resources away from core business operations.  This burden may disproportionately affect smaller contractors with limited administrative staff.

Furthermore, the expansion of required data collection on technology-based selection procedures raises questions about potential privacy concerns for employees.  Ensuring fairness in hiring practices is crucial, but the methods for achieving this goal require careful consideration.

The public comment period provides an opportunity for stakeholders to voice their concerns and offer suggestions for refinement.  Open communication between OFCCP and the construction industry is essential to ensure that revised regulations are effective and minimize administrative burdens.

A Call for Balance

OFCCP's goal of achieving a more diverse and inclusive construction workforce aligns with a broader societal imperative. However, achieving this goal requires a balanced approach.  The proposed changes should be carefully evaluated to ensure they achieve their intended purpose without creating undue hardship for construction firms.

By fostering open dialogue and considering alternative approaches, OFCCP can refine its revisions to  promote EEO compliance without stifling innovation and growth within the construction industry.