The OFCCP wants more data. The agency’s current proposal for all of this additional data has been described by some as both “burdensome” and “stealthy”. McGuire Woods, a 900-person law firm based in Richmond, Virginia, went so far as to say that the OFCCP “does not understand the private sector or have any apparent concern about the burdens and confidentiality issues these proposals place on contractors.” In fact, the OFCCP itself estimated it would take 103.2 hours and cost $135,000 to collect and provide all the data that could be requested in the revised Scheduling Letter.

The proposed changes to the scheduling letter would increase the number of data submission items from 11 to 13. The first major change to the itemized listing is with respect to support data. Item 8 is an entirely new requirement, asking for the establishment’s leave policies regarding the Family Medical Leave Act, pregnancy leave, and religious accommodations. If these policies are includ