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Welcome to OFCCP SPEAKS…. Gerstco EEO AAP WebinarPractical Guidance for Implementation of Revised

Affirmative Action Regulations forIndividuals with Disabilities and Protected Veterans

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Use access code 3440120#.

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Fall 2013Gerstco Events

and TrainingAffirmative Action Planning Services

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OFCCP Speaks . . . Gerstco EEO AAP Webinar

© Gerstco, Inc, 2013

Practical Guidance for Implementation of Revised Affirmative Action Regulations

Individuals with Disabilities and

Protected Veterans

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AgendaFaculty

Welcome & Introduction……………………….Sylvia GerstPresident, Gerstco

Revisions to Regulations for (VEVRAA) Protected Veterans……………………….........Tony Perkins

VP/GM, GerstcoRevisions to Regulations for (Section 503) Individuals with Disabilities..……………......... Sylvia Gerst

New Resources…………………………………Katie LockyerVP Opns,Gerstco


Background• In 1973, The Rehabilitation Act was enacted into law. Under section 503, federal

contractors and subcontractors were prohibited from discriminating against individuals with disabilities and required to take affirmative action to employ and advance in employment qualified individuals with disabilities.

• In 1974, the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) was enacted into law. Under Section 4212 of the law, federal government contractors and subcontractors were prohibited from discrimination against protected veterans and required to take affirmative action to employ and advance in employment qualified protected veterans.

• In April 2011, the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) proposed revising regulations implementing both laws to strengthen the affirmative action provisions, and establish more detailed and specific actions contractors must take to meet their obligations. The revisions would also increase the contractor’s data collection and analysis obligations to assist in measuring the effectiveness of their affirmative action efforts.

OFCCP Speaks . . . OFCCP Revised Regulations

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Timetable for release of revisions to: The Rehabilitation Act of 1973, and

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA):

• Final Rules Released . . . . . . . . . . . . . . . . . . . . . . August 27, 2013

• Rules Published in Federal Register . . . . . . . September 24, 2013

• Both Final Rules Effective . . . . . . . . . . . . . . .. . . March 24, 2014

OFCCP Speaks . . . Regulatory Timeline

Final Rule ScheduleFinal Rule Schedule

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Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA)

Protected Veterans

Final Rule


Prohibits employment discrimination against specific categories of Veterans by Federal contractors and subcontractors.

Disabled Veterans, recently separated Veterans, active duty wartime or campaign badge Veterans, and Armed Forces service medal Veterans are “protected Veterans” under VEVRAA.

VEVRAA requires each Federal Contractor to take affirmative action to employ and advance in employment Veterans protected under the Act.

OFCCP Speaks . . . VEVRAA

VEVRAAVEVRAA

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Active Duty Wartime or Campaign Badge Veteran A veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense.

Armed Forces Service Medal VeteranAny veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to E.O. 12985.

Disabled Veteran(1) A Veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or (2) a person who was discharged or released from active duty because of a service-connected disability.

Recently Separated VeteranAny Veteran during the three-year period beginning on the date of such veteran’s discharge or release from active duty in the U.S. military, ground, naval or air service.

Veteran Categories



VEVRAAMajor Revisions

OFCCP Speaks . . . VEVRAA Final Rule Major Revisions


• New Annual Hiring Benchmark Established • New Applicant and Hire Data Collection and Analysis• New Pre-Offer Self-Identification • New 3-Year Recordkeeping Requirement• Revisions to the EO Clause• Mandatory Job Listing Requirement Clarified


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Major Revisions to VEVRAA

NEW• A new annual hiring ‘benchmark’ has been established by OFCCP for

contractors to measure their progress in employing protected veterans.

• Hiring benchmarks are not ‘goals’ as used in the EO11246 program.

*Benchmarks are only intended to measure the progress and effectiveness of a contractor’s outreach and recruitment efforts.

AAP Goals are (1) objectives or targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire affirmative action program work; and (2) to measure progress toward achieving equal employment opportunity.



Establishment of an Annual Benchmark for Veterans

About ‘Benchmarks’

• The idea of the benchmark is to encourage contractors to be inclusive of protected veterans.

• A contractor’s obligation is to establish a benchmark and document that it has been done, on an annual basis.

• VEVRAA does not prescribe actions a contractor must take if the benchmark is not achieved.

• Hiring preferences for Veterans are not required.

• Contractors will not be subject to enforcement or found in violation of VEVRAA for failing to meet their annual benchmark.



Establishment of an Annual Benchmark for Veterans (continued)

*Benchmark Options Contractors May Use:(1) A National Percentage: The Percent of Veterans in the Civilian Labor Force,

which will be published and updated annually on OFCCP’s website. (Currently it is 8 percent).

(2) The Use of Five Factors:

(i) The average percentage of veterans in the civilian labor force in the State(s) where the contractor is located over the preceding three years, as calculated by the BLS and published on OFCCP’s Website;

(ii) The number of veterans, over the previous four quarters who were participants in the employment service delivery system in the State where the contractor is located, as tabulated by the Veterans’ Employment and Training Service and published on OFCCP’s Website;

(iii) The applicant ratio and hiring ratio for the previous year based on the data collected (per the Final Rule);

(iv) The contractor’s recent assessments of the effectiveness of its external outreach and recruitment efforts; and

(v) Any other factors, including but not limited to the nature of the contractor’s job openings and/or its location, which would tend to affect the availability of qualified protected veterans.



Establishment of an Annual Hiring Benchmark* for Veterans

Establishment of an Annual Hiring Benchmark* for Veterans

*Benchmark Options: (continued)

• Contractors may choose which methodology to use on an annual basis.

• If the contractor establishes its benchmark using the Five Factors option, each factor is to be documented as to the relative significance of each factor.

• All benchmark records are to be kept for three (3) years.

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Data Collection & Analysis

The Final Rule requires contractors to collect and maintain on an annual basis, the following data:

(1) The number of applicants who self-identified as protected veterans, or who are otherwise known as protected veterans;

(2) The total number of job openings;

(3) The total number of jobs filled;

(4) The total number of applicants for all jobs;

(5) The number of protected veteran applicants hired; and

(6) The total number of applicants hired.

Contractors must maintain data for three (3) years. Data collection begins March 24, 2014, or later.



Applicant & Hire Data (EXAMPLE)

Sample

a. Number of applicants who self-identified asa protected veteran, annually. . . . . . . . . . . . . . 250

b. Number of job openings. . . . . . . . . . . . . . . . . . . 1500c. Number of jobs filled. . . . . . . . . . . . . . . . . . . . . . 200d. Number of total applicants. . . . . . . . . . . . . . . . . 2000e. Number of protected veterans hired. . . . . . . . . . 15f. Number of applicants hired. . . . . . . . . . . . . . . . . 133

(e) Total # of protected veterans hired = 15= 6.0%(a) Total # of veteran applicants = 250

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# # %# # Total Protected Protected Protected National

Total Applicants Veteran Veterans Veterans BenchmarkLocation Applicants Hired Applicants Hired Hired Applied

Total All Jobs 2000 133 250 15 6.0% 8.0%

San DiegoEstablishment San DiegoEstablishment

Veteran Hiring Benchmark

20152015



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Invitation to Self-IdentifyPost-Offer Invitation

• Currently: Contractors invite individuals after an offer of employment is made, and before work begins, to voluntarily self-identify as a protected veteran, by specific category (of veterans). Such an invitation can be made at any time after the offer of employment but before the applicant begins his/her job.

• (New) If an applicant identifies him/herself as a disabled veteran, the contractor is to inquire whether an accommodation is necessary, and, if so, should engage with the applicant regarding reasonable accommodation. (Post offer sample form)

• All information on self-identification should be kept confidential; however, upon request, OFCCP should be provided with the information.

• The above practice will continue.



Invitation to Self-Identify

NEW Pre-Offer Invitation RequirementA new recordkeeping requirement in the Final Rule requires contractors to invite individuals to identify as “protected veterans” when the applicant applies for, or is considered for employment.

Note: OFCCP will permit contractors to invite applicants to self-identify as a protected veteran at the same time it collects demographic data for applicants under Executive Order 11246 Internet Applicant Rules.

• OFCCP provides a sample invitation to self-id in the Appendix to the Regulations. Applicants will have different language on the pre-offer self-identification form than on the post-offer form. (Pre-offer Form Sample)

• Effective: March 24, 2014 or later.



Requisition

Job Posting (with job description

and/or basic qualifications)-

Must Retain All Records

Job Posting (with job description

and/or basic qualifications)-

Must Retain All Records

Internal PostingInternal Posting

External PostingExternal Posting

Company Web SiteEmailInternal ApplicantsEmployee ReferralsResumes from Postings (Scanned into System)

External Database Linked to Company Web Site

Must Retain All Records in this Database

Company Web SiteEmailInternal ApplicantsEmployee ReferralsResumes from Postings (Scanned into System)

External Database Linked to Company Web Site

Must Retain All Records in this Database

DatabaseDatabase

• Employment Agencies• External Database Sources• Recruiting Events• Unsolicited

(Direct) Expression of Interest via Internet & Related

Technologies

(Direct) Expression of Interest via Internet & Related

Technologies

(Indirect) Expression of Interest Added by Employer

(Indirect) Expression of Interest Added by Employer


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OFCCP Speaks . . . NEW “Self-ID at the Pre-Offer Stage

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NEW Recordkeeping Timeframe

A three-year contractor requirement has been added to the contractor’s obligations to keep all relevant recruitment and outreach records in one place so that their effectiveness in recruitment and outreach efforts can be determined.

Records to be maintained: For Internal resume databases: keep each resume added, date added, position for which each search was made, search criteria, date of search. External databases: keep all records of position and each search, date of search, resume of job seekers with basic qualifications, criteria used. Internet Applicant: all expressions of interest, specific positions, online resumes, resume databases, etc.

(A similar requirement may be found in Section 503 for Individuals with Disabilities.)

Effective March 24, 2014, or later.



Equal Opportunity Clause - Revision

Inclusion of EO Clause in Federal Contracts - To draw attention to the obligations of contractors to employ and advance in employment protected veterans, the following is to be presented in bold text in each contract and subcontract:

41 CFR 60-300.5(a)

“This contractor and subcontractor shall abide by the requirements of 41CFR 60-300.5(a). This regulation prohibits discrimination against qualifiedprotected veterans, and requires affirmative action by covered primecontractors and subcontractors to employ and advance in employmentqualified protected veterans.” (Revised EO Clause Sample)

(Similar to language in Section 503 for Individuals with Disabilities)



Equal Opportunity Clause RevisionNote: Revisions to the EO Clause relate to the manner in which it is included in Federal contracts

Solicitations, Advertisements and Job Postings

A Contractor must state in its solicitations, job listings, announcements and advertisement language:“All qualified applicants will receive consideration for employment without regard to race, sex, color, religion, national origin, protected veteran status, or on the basis of disability.”(A similar requirement may be found in Section 503 for Individuals with Disabilities)



NEW: Applicant and Employee Rights NoticeA contractor must post in conspicuous places, available to employees and applicants for employment, a notice provided by OFCCP that states the rights of applicants and employees, as well as the contractor’s obligation to take affirmative action to employ and advance in employment qualified employees and applicants who are protected veterans.

The notice must be provided to applicants and employees who are disabled veterans in an accessible form and is understandable.

With respect to remote employees, the contractor will satisfy this posting obligation by providing notices in an electronic format, provided that the contractor provides computers that can access the electronic notices, or the contractor has actual knowledge that employees are themselves able to access the electronically-posted notices.


Equal Opportunity Clause Revision (continued)



CLARIFICATION: Mandatory Job Listing RequirementBackground:

A contractor must immediately list all employment openings that:

• exist at the time of the execution of a contract, and

• those which occur during the performance of a contract,

• including those not generated by the contract, and

• those occurring at an establishment other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, with the appropriate employment service delivery system where the opening occurs.



Equal Opportunity Clause

CLARIFICATION: Mandatory Job Listing Requirement (continued)

• Contractors must provide information about the job vacancy in a manner and format permitted by the appropriate employment service delivery system which allows the system to provide priority referral of veterans protected by VEVRAA for that job vacancy.

• Contractors must also advise the ESDS, at the time of the first job listing after the effective date of this final rule,

- The company is a federal contractor,

- The company desires priority referrals of protected veterans for its job openings,

- The name and location of each hiring location within the state, and

- Contact information for the company official responsible for hiring at each location.

• OFCCP may waive the above requirements with respect to any of a contractor’s facilities which it finds to be in all respects separate and distinct from activities related to the performance of a contract if it also finds that such a waiver will not interfere with, or impede the Act. Such ‘waivers’ shall be considered upon request (from a contractor).


Equal Opportunity Clause



Reasonable Accommodation • Veteran guidelines on ‘reasonable accommodation’ are derived from the Americans with

Disabilities Act issued by the EEOC.

• Reasonable accommodation, under VEVRAA, like reasonable accommodation required under Section 503 of the Rehabilitation Act, is part of a nondiscrimination obligation.

• A contractor is required to make reasonable accommodations to the known physical or mental limitations of an ‘otherwise qualified’ disabled veteran, unless the contractor can demonstrate that the accommodation would impose an undue hardship on the operation of its business. (Reasonable Accommodation Procedure Sample)

• A contractor is not expected to accommodate disabilities where it is unaware of the disability; however, the contractor has an affirmative obligation to provide reasonable accommodation for applicants and employees who are known to be disabled veterans.

• There are 3 areas where reasonable accommodations may be necessary: (1) accommodations to the application process, (2) accommodations that enable employees who are disabled veterans to perform the essential functions of the position held or desired, and (3) accommodations that enable disabled veteran employees to enjoy equal benefits and privileges of employment as are enjoyed by employees without disabilities.

• Reference: Final Rule: Appendix A to Part 60-300 Guidelines on a Contractor’s Duty to Provide Reasonable Accommodation



Affirmative Action Plan – Required Contents UpdatedThe purpose of the Affirmative Action Plan is a management tool to ensure EEO and

to foster employment opportunities for protected veterans. Final Rule regulations are in-line with regulations on behalf of the Executive Order 11246, AAP for minorities and women. AAP elements include:

(a) Policy Statement(b) Review of Personnel Policies(c) Physical and Mental Qualifications(d) Harassment(e) External Dissemination of Policy, Outreach and Positive Recruitment(f) Harassment(g) Assessment of External Outreach and Recruitment Efforts(h) Recordkeeping Obligation(i) Internal Dissemination of Policy(j) Responsibility for Implementation (k) Training(l) New Data Collection Analysis

OFCCP Speaks . . . VEVRAA Affirmative Action Plan


R

Appropriate Outreach and Positive Recruitment for Veterans

• The Local Veterans’ Employment Representative in the local employment service office nearest the contractor’s establishment;

• The Local Department of Veterans Affairs Regional Office;

• The Veterans’ counselors and coordinators on college campuses;

• The Service Officers of the National Veterans’ Groups active in the local area;

• The Department of Defense Transition Assistance Program (TAP), or any program that might replace TAP; and

• Any organization listed in the Employer Resources section of the National Resource Director, or any service that replaces or complements it (http://www.nationalresourcedirector.gov/).

• Special reach-out to students who are protected veterans.

• Examples of Outreach Organizations: Project Hired, Swords to Plowshares, Transaccess



IMPLEMENTATION OF VEVRAA FINAL RULE

Final Rule Items Schedule

• NEW: Annual Hiring Benchmark: TBD• NEW: Applicant and Hire Data Collection: TBD• NEW: Pre-Offer Self-Identification: March 24, 2014• NEW: Three – Year Recordkeeping: March 24, 2014• NEW: EO Clause Revisions: March 24, 2014• Mandatory Job Listing Requirements: March 24, 2014





Section 503 of The Rehabilitation Act of 1973

Individuals with Disabilities

Final Rule


Major Revisions to Section 503

OFCCP Speaks . . . VEVRA Final Rule Major Revisions


New: Workforce Utilization Goal Established New: Applicant and Hire Data Collection & Analysis New: Pre-Offer Self-Identification New: Three-Year Recordkeeping Requirement New: Employee Survey Requirement New: Revisions to the EO Clause

Definition of the term ‘disability’ was amended in the Final Rule to ensure broad protection for individuals with disabilities, and to have the same meaning as in the ADAAA (Americans with Disabilities Act Amendments Act of 2008).

Definition:a. A physical or mental impairment that substantially limits one or more major

life activities;

b. Has a record of such an impairment;

c. Is regarded as having an impairment.

“Major life activities,” “mitigating measures,” “regarded as having such an impairment,” and “substantially limits, are terms that have been expanded in meaning and now apply to both the ADAAA and The Rehabilitation Act

“Qualified Individual with a Disability” is revised to: “Individual with a Disability.”

OFCCP Speaks . . . Definitions

“Disability”“Disability”


“Qualified Individual With a Disability”An individual who satisfies the requisite skills, experience, education, and other job-related requirements of the employment position the individual holds, or desiresand who, with or without reasonable accommodation, can perform the essential functions of a position.

“Essential Functions” Fundamental job duties of the employment position that the individual with a \disability holds or desires. Does not include marginal functions of the position.



“Reasonable Accommodation”

The Application Process: Modifications or adjustments to a job application process that enables a qualified applicant with a disability to be considered for a position.

In the Workplace: Modifications or adjustments to the work environment or to the manner or circumstances under which a position is customarily performed, that enables a qualified individual with a disability to perform the essential functions of the position.

“Contractors must engage in such an interactive process (with an individual with a disability) whether or not a reasonable accommodation is ultimately identified, because until they have done so, they may be unable to determine whether a reasonable accommodation exists that will result in a person being qualified.” Factors to consider include: undue hardship, the nature and cost of the accommodation, overall resources of the facility and the contractor, the type of business operation that exists, qualification standards established, and direct threat. (OFCCP Preamble)



Section 503 Final Rule Major Revisions



• A single, national 7 percent goal will be applied to each job group in the AAP - for all company geographies.

• Contractors with a total workforce of 100 or fewer employees can apply the 7 percent goal to their entire workforce (a ‘bottom line’ approach).

• The 7 percent goal was derived from Disability data collected in the American Community Survey 2006-2010.

• The 7 percent goal is not a quota or a ceiling that limits or restricts the employment of individuals with disabilities. It is a management tool for decision-making and accountability.

• Effective March 24, 2014, or later.

OFCCP Speaks . . . Section 503 Major Revisions

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7 Percent Workforce Utilization Goal EstablishedFor the first time, a 7 percent workforce utilization goal

will be established for individuals with disabilities.

Large Company USALarge Company USA


Workforce Utilization

OFCCP Speaks . . . 7 Percent National Goal

Sample

Number Percent 7 PercentJob Total Individuals Individuals Utilization

Group Employees with Disabilities with Disabilities Rule Applied Goal

Managers 75 4 5.3% 7.0% Yes

Professionals 500 15 0.03% 7.0% Yes

Technicians 150 2 1.3% 7.0% Yes

Sales 75 3 4.0% 7.0% Yes

Clerical 100 25 25.0% 7.0% No

Total Employees 900


Number Percent 7 PercentJob Total Individuals Individuals Utilization

Group Employees with Disabilities with Disabilities Rule Applied Goal

Managers 4

Professionals 40

Technicians 5

Sales 14

Clerical 36

Total Employees 99 8 8.1% 7.0% No Goal

Small Company USASmall Company USA


Workforce Utilization

OFCCP Speaks . . . 7 Percent National Goal

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• Job Group Analysis: Use AAP job groups showing the representation of individuals with disabilities in the workforce.

• Utilization Analysis: By AAP job group, compare the representation of individuals with disabilities in the workforce to the 7 percent utilization goal.

• Identification of Problem Areas: Where underutilization exists, “determine whether and where impediments to equal employment opportunity exist.

• Action-Oriented Programs: Develop and execute programs designed to correct any identified problem areas.

Three-Year recordkeeping requirement.

OFCCP Speaks . . . Section 503 Final Rule Revisions


National Utilization Goal Requirements(In the Affirmative Action Plan)

7 Percent Workforce Utilization Goal Established (Continued)

Failure to Meet the Utilization Goal . . .If a contractor does not meet the utilization goal in one or more jobgroups, but:

A. Has implemented an affirmative action program, including outreach and recruitment of individuals with disabilities;

B. Has evaluated whether barriers exist to equal opportunity, and if so;

C. Implemented action-oriented programs to correct or remove barriers.

The contractor would NOT be found in violation.



Applicant and Hire Data Collection

The Final Rule requires contractors to collect and maintain on an annual basis, the following (raw) data regarding:

(a) the number of applicants with disabilities(b) the total number of job openings;(c) the total number of jobs filled;(d) the total number of applicants;(e) the number of applicants with disabilities hired;(f) the total number of applicants hired.

Contractors must maintain data for three (3) years. Data collection begins March 24, 2014, or later, depending on the Affirmative Action Plan date.



Data Files & Analysis (EXAMPLE)

Sample

a. Number of applicants with disabilities. . . . . . . . 125b. Number of job openings. . . . . . . . . . . . . . . . . . . 1150c. Number of jobs filled. . . . . . . . . . . . . . . . . . . . . . .324d. Number of total applicants. . . . . . . . . . . . . . . . . 1325e. Number of applicants with disabilities hired. . . . .5f. Number of applicants hired. . . . . . . . . . . . . . . . . 319

(e) # of applicants w/disabilities hired 5 = 4.0%(a) # of applicants w/disabilities 125


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OFCCP Speaks . . . Applicant and Hire Analysis –Section 503

# # %# # Total Total Apps Total hires Indiv w/

Total Applicants Individuals Individuals DisabilitiesLocation Applicants Hired w/Disability w/Disability Hired

Managers 150 15 20 0 0.0

Professionals 550 225 40 4 10.0

Technicians 75 17 30 0 0.0

Sales 150 40 25 0 0. 0

Clerical 400 22 10 1 10.0

Totals 1325 319 125 5 4.0%

San DiegoEstablishment San DiegoEstablishment Applicant & Hire Report 20152015

OFCCP Speaks . . . Section 503 Final Rule Major Revisions


44

Data Collection Analysis (continued)

OFCCP Compliance • OFCCP intends to measure change from year-to-year, looking at two previous

years of data to see trends that may only be the result of outreach and recruitment over time.

• Ratios will be calculated by establishment, not by AAP job groups, or titles within a given establishment, unless the contractor uses a functional affirmative action program.

• Compliance determinations will be made on whether a contractor has completely and accurately documented and maintained the expected data and outreach metrics in the Final Rule.

• “Enforcement will not be solely on the basis of statistical disparities.”

OFCCP has stated in its Final Rule, that it will not use applicant and hire data to conduct underutilization or impact ratio analysis.


OFCCP Speaks . . . Section 503 Rule Major Revisions

Invitation to Self-Identify

CURRENT PRACTICE: Post-Offer Invitation• Currently: Contractors must invite individuals, after an offer of employment is

made, and before work begins, to voluntarily self-identify as an individual with a disability.

• NEW: The above practice will continue, however the OFCCP will provide the language for the self-id invitation.

• Employees with hidden disabilities who may have concerns if their disability is revealed before receiving a job offer, have another opportunity after an offer is made, to provide this information.



60-741.42 Invitation to Self-Identify

NEW Pre-Offer Invitation• A new recordkeeping requirement in the Final Rule requires contractors

to invite individuals to identify as an individual with a disability whenever the applicant applies for, or is considered for, employment.

(OFCCP will permit contractors to invite applicants to self-identify as an individual with a disability at the same time it collects the demographic data for applicants required under Executive Order 11246 Internet Rules.)

• The OFCCP will provide the language for the self-id invitation.

• Effective: March 24, 2014 or later.



NEW Annual Employee Survey

• A new requirement states that a contractor must invite employee self-identification during the first year it is subject to the requirements of the Final Rule and, at five (5) year intervals, thereafter.

• Also, a contractor must remind its employees during the five year period, that they may voluntarily update their self-identification status at any time.

Note: OFCCP will permit contractors to identify individuals with disabilities, if the individual does not voluntarily self-identify when: (a) the disability is obvious, or (b) the disability is known to the contractor. However, contractors may not guess or speculate when identifying an individual as having a disability.



Recordkeeping

A three-year contractor requirement has been added to keep all relevant recruitment and outreach records in one place so that contractors can determine the effectiveness of their recruitment and outreach efforts.

(The absence of specific data has made it difficult to perform even basic evaluation on the availability of individuals with disabilities in the workforce, or to make analytical determinations of how effective the outreach and recruitment records have been to attract candidates with disabilities.)

Records to be maintained: For Internal resume databases: keep each resume added, date added, position for which each search was made, search criteria, date of search. External databases: keep all records of position and each search, date of search, resume of job seekers with basic qualifications, criteria used. Internet Applicant: all expressions of interest, specific positions, online resumes, resume databases, etc.

Effective March 24, 2014, or later.



Equal Opportunity Clause RevisionNote: Revisions to the EO Clause relate to the manner in which it is included in Federal

contracts

Contracting Agencies and Contractors must include the equal opportunity clause in each of its covered Government contractors or subcontracts. This clause states that the contractor will not discriminate against an employee or applicant for employment because of a physical or mental disability in regard to any position for which the person is qualified, and to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their disability, in all employment practices.

Electronic Notice Posting and Accessible Formats - Contractors must post in conspicuous and accessible places, an Employee and Applicants Rights Notice from OFCCP stating the contractors obligation to take affirmative action to employ and advance in employment qualified individuals and applicants with disabilities.

For remote and teleworker employees, the posting obligation can be satisfied through electronic means if computers or access to computers are provided to access the notices



Equal Opportunity Clause RevisionNote: Revisions to the EO Clause relate to the manner in which it is included in Federal contracts

Solicitations, Advertisements and Job Postings

A Contractor must state in its solicitations, job listings, announcements and advertisement language:

“All qualified applicants will receive consideration for employment without regard to race, sex, color, religion, national origin, protected veteran status, or on the basis of disability.”

(There is a comparable clause in the Executive Order 11246 equal opportunity clause for minorities and females.)



NEW Notice of Employee Rights

Contractors must post a Notice of Applicant and Employee Rights in conspicuous places, available to employees and applicants, regarding the rights of employees and applicants and the employer’s affirmative action obligations under Section 503.

• The Notice must be in an accessible format, and accessible by individuals with disabilities.

• The Notice can be in electronic format for employees not at a contractor’s worksite, provided the contractor provides computer access:

• OFCCP will provide the form and language of the Notice.

• Effective March 24, 2014.



Inclusion of EO Clause in Federal Contracts - To draw attention to the obligations of contractors to employ and advance in employment qualified individuals with disabilities, the following must be presented in bold text in each contract:

“This contractor and subcontractor shall abide by the requirements of 41CFR 60-741.5 (a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and sub-contractors to employ and advance in employment qualified individuals with disabilities.”

Labor Unions & Collective Bargaining Agreements: As appropriate, contractors must notify each labor organization that it is a federal contractor with obligations under Section 503 of the Rehabilitation Act of 1973.

Effective: March 24, 2014.


Equal Opportunity Clause Revision (continued)

Note: Revisions to the EO Clause relate to the manner in which it is included in Federal contracts



Affirmative Action Plan – Required Contents UpdatedThe purpose of the Affirmative Action Plan is a management tool to ensure EEO and to foster employment opportunities for individuals with disabilities. Section 503 Final Rule regulations are in-line with regulations on behalf of the Executive Order 11246, AAP for minorities and women. AAP elements include:

(a) Policy Statement / Responsibility for Implementation of the AAP(b) Review of Personnel Policies(c) Physical and Mental Qualifications(d) Reasonable Accommodation to Physical & Mental Limitations(e) Outreach and Recruitment Efforts(f) Internal Dissemination of Policy(g) Audit and Reporting for Affirmative Action Programs(h) Responsibility for Implementation(i) New Data Collection Analysis

OFCCP Speaks . . . The Rehabilitation Act of 1973 Section 503


Final Rule Items Schedule• NEW: Pre-Offer Self-Identification TBD• NEW: Applicant and Hire Data Collection TBD• NEW: Annual Employee Survey TBD• NEW: 7 Percent National Utilization Goal TBD• NEW: Three-Year Recordkeeping Procedure March 24, 2014• NEW: EO Clause Revisions March 24, 2014



IMPLEMENTATION OF NEW 503 FINAL RULE

Outreach

• OFCCP’s longstanding policy is that voluntary affirmative action programs for individuals with disabilities, are permissible.

• However, the Final Rule creates no new obligations or responsibilities regarding the development and implementation of programs for individuals with disabilities.

• The Final Rule highlights the availability of an inexhaustible list of voluntary affirmative action programs as an important tool that can assist in the achievement of established goals.



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• State Employment Agencies;• State Vocational Rehabilitation Agencies & Facilities;• Sheltered Workshops;• College Placement Offices; • Special outreach to students with disabilities;• State Education Agencies;• Local and National Organizations to, or for Individuals with Disabilities;• Schools that specialize in training or educating individuals with disabilities.


OFCCP Speaks . . . Section 503

Appropriate Outreach and Positive Recruitment for Individuals with Disabilities

The use of written reasonable accommodation procedures is a ‘best practice” that can assist contractors in meeting their obligations regarding reasonable job accommodations.

• The process of reasonable accommodation is meant to be informal, flexible, and iterative.

• A request for a job accommodation may be made anytime during the employment process.

However, OFCCP did not incorporate written procedures regarding reasonable accommodation into its Final Rule for contractors..

A new Appendix B, Developing Reasonable Accommodation Procedures provides specific guidance that contractors may use to develop this best practice area.



Reasonable Accommodations (NO CHANGE)

“Best Practices Elements” 1. Contact information of the Official responsible for implementation of

the procedures;2. To whom a request for reasonable accommodation may be made; 3. A statement that requests for reasonable accommodation may be made

orally or in writing by an applicant, employee, or third party; 4. Written confirmation of receipt of a reasonable accommodation; 5. A timetable for processing the request; 6. A description of the contractor’s reasonable accommodation process; 7. Provision of written explanation for denial of an accommodation.



Reasonable Accommodation (NO CHANGE)

New Resources

OFCCP Speaks . . . New Resources


2013 ProgramsWebinar (Second Broadcast of today’s presentation ) – December 11, 2013 “Practical Guidance for Implementation of Revised Affirmative Action Regulations for Individuals with Disabilities and Protected Veterans”

Software Users Meeting – New AAPBase and CENSBase Release• December 17

2014 ProgramsAffirmative Action Planning Workshops – Cupertino CA

• February 20-21

• May 15-16

• September 11-12

• December 4-5


OFCCP Speaks . . . Upcoming Events


Diversity Resource LibraryA new Gerstco online software tool for identifying Diversity

Organizations for Outreach & Positive Recruitment

• Login Access through the Gerstco Extranet at www.gerstco.com

• Use it to find and learn about a wide spectrum of Organizations that provide resources for Diversity Outreach and Positive Recruitment that will support the following Affirmative Action Planning Programs:

- Executive Order 11246 (Females & Minorities)

- Section 503 (Individuals with Disabilities)

- VEVRAA (Protected Veterans)


OFCCP Speaks . . . Resources Library

Questions & Discussion

Thank you for attending our Webinar.

(Additional questions/comments? Contact: [email protected] or call: 408.973.1366, etc. 208))


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