The current 60-2 regulations have been in place for 30 years. However, the agency's track record since Deputy Assistant Secretary of Labor Shirley Wilcher took its helm in 1994 indicates that the regulations have a chance of becoming final, according to Leonard Biermann, a national director for the National Employment Law Institute. If the regulations do not become final before the November presidential election, their chances of survival are unclear. He said he thought the chances of finalization were slightly better if Vice President Al Gore wins the election. Survey Is Biggest Concern Including the Equal Opportunity Survey in the 60-2 regulations would give the agency a strong defense against contractors who question its legality, Biermann said.
Employers are concerned about cementing the survey into regulations.
Elizabeth Robbins, a spokeswoman for the Society for Human Resource Management, told BNA that every complaint she has received from SHRM members involves the survey. Neukranz-Butler, who is helping to draft comments on behalf of the American Association for Affirmative Action, said she would rather break out salary data into smaller, more meaningful groups. The survey has some champions, however. What's more, it gives contractors an incentive to audit themselves, she said. The proposal has confused many observers.