36
New Rules: New Rules: Protected Veterans & Individuals ih i bili i with Disabilities

Aap webinar-new-rules-presentation-20131218

Embed Size (px)

Citation preview

New Rules:New Rules:Protected Veterans & Individuals

i h i bili iwith Disabilities

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

2

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)

3

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.

4

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.

5

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.

6

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

7

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)

8

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

9

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

10

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

11

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

12

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. “

13

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!

14

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

15

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

16

VEVRAAVEVRAA

• Self ID Veterans pre-offer docxSelf ID Veterans pre offer.docx

S lf ID V ff d• Self ID Veterans post-offer.docx

17

VEVRAAVEVRAA

Outreach & RecruitmentOutreach & RecruitmentRequired to undertake outreach to employ

protected veteranspConduct annual assessment of effectiveness of

these efforts

3Year record-keeping requirement

18

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

19

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

20

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

21

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)

22

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

23

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

24

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

25

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. “

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

35

CAI Contact InformationCAI Contact Information

Main Number: 919-878-92229 9 7 9

Kaleigh [email protected]

Mary Robinson6919-431-6091

[email protected]

36