[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-2.18]

[Page 118-119]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-2_AFFIRMATIVE ACTION PROGRAMS--Table of Contents
 
      Subpart B_Purpose and Contents of Affirmative Action Programs
 
Sec. 60-2.18  Equal Opportunity Survey.

    (a) Survey requirement. Each year, OFCCP will designate a 
substantial portion of all nonconstruction contractor establishments to 
prepare and file an Equal Opportunity Survey. OFCCP will notify those 
establishments required to prepare and file the Equal Opportunity 
Survey. The Survey will provide OFCCP compliance data early in the 
compliance evaluation process, thus allowing the agency to more 
effectively identify contractor establishments for further evaluation. 
The Survey will also provide contractors with a useful tool for self-
evaluation.
    (b) Survey format. The Equal Opportunity Survey must be prepared in 
accordance with the format specified by the Deputy Assistant Secretary. 
The Equal Opportunity Survey will include information that will allow 
for an accurate assessment of contractor personnel activities, pay 
practices, and affirmative action performance. At a minimum, this will 
include such data elements as applicants, hires, promotions, 
terminations, compensation, and tenure by race and gender. As use of the 
EO Survey develops and evolves, the Department may at some time 
determine that one or more of the data elements currently included in 
the EO Survey should be altered or deleted. In the event consideration 
is given to changing a data element requirement, the following 
circumstances must exist:
    (1) The Secretary must clearly demonstrate through statistical 
analyses of EO Survey submissions that the data element in question is 
no longer of value; and
    (2) The Secretary must follow Notice and Comment procedures.
    (c) How, when, and where to file. Contractors are encouraged to 
submit the Equal Opportunity Survey via the Internet. The Equal 
Opportunity Survey may also be submitted via facsimile to the telephone 
number indicated in the Survey instructions. Paper versions of the Equal 
Opportunity Survey must be mailed to the address indicated in the Survey 
instructions. The

[[Page 119]]

filing deadline will be specified by the Deputy Assistant Secretary.
    (d) Confidentiality. OFCCP will treat information contained in the 
Equal Opportunity Survey as confidential to the maximum extent the 
information is exempt from public disclosure under the Freedom of 
Information Act, 5 U.S.C. 552. It is the practice of OFCCP not to 
release data where the contractor is still in business, and the 
contractor indicates, and through the Department of Labor review process 
it is determined, that the data are confidential and sensitive and that 
the release of data would subject the contractor to commercial harm.