New Rules: New Rules: Protected Veterans & Individuals ih i bili i with Disabilities
Jul 14, 2015
Copy of Presentation SlidesCopy of Presentation Slides
A f h i lid ill b A copy of the presentation slides will be sent to participants within 24 hours
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Current AA RegulationsCurrent AA Regulations
• Executive Order 11246Executive Order 11246• Section 503 of the Rehabilitation Act of
19731973• Section 4212 of the Vietnam Era Veterans’
R dj A i A f Readjustment Assistance Act of 1974 (VEVRAA)
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E O 11246E.O. 11246
• Prohibits federal contractors and subcontractors Prohibits federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin.
• Requires federal contractors to engage in affirmative action for women and minorities.
• Written AAP required for each location with 50 l l d i d or more employees. Includes narrative and
statistical reports.
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VEVRAAVEVRAA
• Prohibits discrimination based on veteran Prohibits discrimination based on veteran status.
• Requires covered federal government q gcontractors and subcontractors to take affirmative action to employ and advance covered veterans in all employment decisions.
• Written AAP required for each location with 50 l or more employees.
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Rehabilitation Act of 1973 – Section 503
• Prohibits discrimination against individuals with gdisabilities.
• Requires employers to take affirmative action in ll l i i i f lifi d all employment activities for qualified
individuals with disabilities.• Requires employers to make reasonable • Requires employers to make reasonable
accommodations for individuals with disabilities.
• Written AAP required for each location with 50 or more employees.
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OFCCPOFCCP
Office of Federal Contract Compliance Office of Federal Contract Compliance Programs (OFCCP)
Branch of the Department of Labor– Branch of the Department of Labor– Enforces all AAP laws & regulations
Select organizations for audit– Select organizations for audit– Investigate charges of discrimination
C ll t fi i l d f li– Collect financial damages for non-compliance
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Dates of Rule ChangesDates of Rule Changes
• August 27, 2013: OFCCP announced rule August 27 2013: OFCCP announced rule changes for affirmative action requirements for protected veterans and individuals with pdisabilities
• September 24, 2013: Rule changes were September 24, 2013: Rule changes were published in Federal Register
• March 24, 2014: Rule changes become March 24, 2014: Rule changes become effective (180 days after publication date)
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Rule Changes: VEVRAARule Changes: VEVRAAEffective Date: March 24, 2014(180 days after publication in Federal Register)
Rule officially rescinds section 60 250 (Pre JVA Rule officially rescinds section 60-250 (Pre-JVA requirements)
Veteran Categories– Disabled Veterans– Recently Separated (3 years)y p (3 y )– Active Duty Wartime or Campaign Badge Veterans
(formerly “other protected veterans”)– Armed Forces Service Medal veterans
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VEVRAA – Major ChangesVEVRAA Major Changes
• AA Policy StatementAA Policy Statement• Hiring Benchmarks• Incorporation of EO Clause• Incorporation of EO Clause• Job Advertisements
M d t J b Li ti• Mandatory Job Listings• Invitation to Self-Identify• Data Collection & Analysis• Record-keeping & Access
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VEVRAAVEVRAA
Affirmative Action Policy StatementyContracts must include their EEO/AA policy in
their AAP and on company bulletin boards. (no h )change)
The new rule clarifies the statement must identify highest ranking U.S. official
AA policy notification should be sent to p ysubcontractors & made available to applicants who apply online
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VEVRAAVEVRAAHiring Benchmarks:gSetting hiring benchmarks
1. Equal to national percentage of veterans in civilian labor force (currently 8%)2. Establish own hiring benchmark by considering five factors identified by OFCCP
Contractors may apply the hiring benchmarks for the establishment as a whole, not by job group
Assessment conducted annually Assessment conducted annually
3 Year record keeping requirement for this data3 p g q
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VEVRAAVEVRAA
Incorporation of EO ClauseIncorporation of EO ClauseSpecific language in covered subcontracts and
purchase ordersp
“This contractor and subcontractor shall abide by the requirements of 41 CFR 60-300.5(a). This y q 4 3 5( )regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans. “
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VEVRAAVEVRAA
Job AdvertisementsJob Advertisements
Contractors must state in job solicitations and d ti t th t th l advertisements that they are an equal
opportunity employer of protected veterans
Should not use abbreviations!
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VEVRAAVEVRAA
Mandatory Job Listingsy gContractors must post job openings with state
employment service delivery system (ESDS)Ch f C t t i l dChanges for Contractors include:
– Must provide in any manner and format required by the state systemMust notify ESDS that it is a federal contractor and – Must notify ESDS that it is a federal contractor and requests priority referral of protected veterans
– Must provide ESDS with name and location of each hiring location within the state as well as contact info for hiring location within the state as well as contact info for hiring official
– If using outside job search company, provide ESDS the contact info of the company
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VEVRAAVEVRAAInvitation to Applicants Self-Identifypp yPre-Offer: Self-id opportunity as protected
veteran
Post-Offer: Self-id opportunity to select the specific veterans categories specific veterans categories -Accommodation inquiry if individual identifies as
disabled veteran
Samples provided by OFCCP
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VEVRAAVEVRAA
• Self ID Veterans pre-offer docxSelf ID Veterans pre offer.docx
S lf ID V ff d• Self ID Veterans post-offer.docx
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VEVRAAVEVRAA
Outreach & RecruitmentOutreach & RecruitmentRequired to undertake outreach to employ
protected veteranspConduct annual assessment of effectiveness of
these efforts
3Year record-keeping requirement
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VEVRAAVEVRAA
Data Collection & AnalysisData Collection & AnalysisDocument and update annually, the following:
– Total # of applicants & # who self-identified as Total # of applicants & # who self identified as protected veterans
– Total # applicants who are hired & # hired who self-id ifi d identified as veterans
– Total # of job openings & total # jobs filled
3 Year record-keeping requirement
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VEVRAAVEVRAA
Record-keeping & Accessp g3 year record-keeping requirement:
– Hiring benchmarks – External outreach– Assessments of recruitment efforts
Self Identification of applicants– Self-Identification of applicantsContractors must provide OFCCP access to records
during normal business hours. Must notify g yOFCCP of formats available and provide in requested format
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VEVRAA – Effective DatesVEVRAA Effective DatesMarch 24, 2014• AA Policy Statement • Incorporation of EO Clause • Job Advertisements• Job Advertisements• Mandatory Job Listings• Outreach
AAP update after March 24, 2014• Hiring BenchmarksHiring Benchmarks• Invitation to Self-Identify for applicants• Data Collection & Analysis
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Rule Changes: Individuals with i bili iDisabilities
Effective Date: March 24 2014Effective Date: March 24, 2014(180 days after publication in Federal
Register)Register)
Expanded definition of Disability in order to conform with the ADA Amendments Act (ADAAA)
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Disabilities – Major ChangesDisabilities Major Changes
• AA Policy StatementAA Policy Statement• Utilization Goal
I i f EO Cl• Incorporation of EO Clause• Job Advertisements• Invitation to Self-Identify• Data Collection & AnalysisData Collection & Analysis• Record-keeping and Access
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DisabilitiesDisabilities
Affirmative Action Policy StatementyContracts must include their EEO/AA policy in
their AAP and on company bulletin boards. (no h )change)
The new rule clarifies the statement must identify yhighest ranking U.S. official
AA policy notification should be sent to p ysubcontractors & made available to applicants who apply online
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DisabilitiesDisabilities
Utilization GoalsContractors must set Utilization Goals by job
groupsSet to 7% for each job group
– Contractors with fewer than 100 employees can apply goal to entire workforcegoal to entire workforce
Must conduct annual analysis and assessment of problem areasp
3 Year record keeping requirement for this data
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DisabilitiesDisabilities
Incorporation of EO ClauseIncorporation of EO ClauseSpecific language in covered subcontracts
“This contractor and subcontractor shall abide by This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities. “
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DisabilitiesDisabilities
Job AdvertisementsJob Advertisements
Contractors must state in job solicitations and advertisements that they are an equal opportunity advertisements that they are an equal opportunity employer of individuals with disabilities
Should not use abbreviations!
Sample: An Equal Opportunity Employer: including Vets/Disabilities
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DisabilitiesDisabilities
Invitation for Applicants to Self-IdentifyInvitation for Applicants to Self IdentifyContractors will be required to invite applicants
(pre-offer & post-offer) to voluntarily self-(pre offer & post offer) to voluntarily selfidentify as an individual with disability
M l id d b OFCCP ( Must use language provided by OFCCP (not currently available)
M t t l ithi fi t Must survey current employees within first yearMust re-survey employees every 5 years
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DisabilitiesDisabilitiesAccommodation
-Self-id form to include area for individual to request accommodation
-Required to enter into interactive accommodation discussion with employees and applicantsdiscussion with employees and applicants
-Consider written process/procedures
Website accessibilityWebsite accessibility-Contractors encouraged to make online application system
compatible with assistive devices-Accommodation obligation extends to online application Accommodation obligation extends to online application
system-Website Language
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DisabilitiesDisabilities
Outreach & RecruitmentOutreach & RecruitmentRequired to undertake outreach to employ
individuals with disabilitiesbConduct annual assessment of effectiveness of
these efforts
3Year record-keeping requirement3 ea eco d eep g equ e e t
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DisabilitiesDisabilities
Data Collection & AnalysisData Collection & AnalysisDocument and update annually, the following:
– Total # applicants & # who self-identified as Total # applicants & # who self identified as individuals with disabilities
– Total # of applicants who are hired & # hired who ppself-identified as individuals with disabilities
– Total # job openings and total # jobs filled
3Year record-keeping requirement
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DisabilitiesDisabilitiesRecord-keeping & Accessp g3 year record-keeping requirement for following
data:Utilization Goals– Utilization Goals
– External outreach– Assessments of recruitment efforts– Self-id forms for Applicants
Contractors must provide OFCCP access to records during normal business hours. Must notify during normal business hours. Must notify OFCCP of formats available and provide in requested format
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Disabilities – Effective DatesDisabilities Effective DatesMarch 24, 2014• AA Policy Statement• Incorporation of EO Clause
J b Ad ti t• Job Advertisements• Self-identification of employees
AAP Update after March 24, 2014• Utilization Goal• Invitation for Applicants to Self-Identify• Data Collection & Analysis
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Contractors To Do ListContractors To Do ListEO clauses on subcontracts & purchase orderspTaglines on job postings/adsUpdate AA policy with top US official, post and send
bto subcontractorsCommunication plan for surveying employees:
update formsupdate formsDiscussion with ATS vendor: self-id optionsList jobs with ESDS, provide contact infoDetermine how to track required data metricsPlan outreach & recruitment efforts
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Copy of Presentation SlidesCopy of Presentation Slides
A f h i lid ill b A copy of the presentation slides will be sent to participants within 24 hours
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CAI Contact InformationCAI Contact Information
Main Number: 919-878-92229 9 7 9
Kaleigh [email protected]
Mary Robinson6919-431-6091
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