OFCCP Compliance Mandates Section 503 & VEVRAA

Presented by:

Doug teDuits, Ed D, SPHRAssistance Vice President & Affirmative Action Officer

May 5, 2014

Why OFCCP Revised Rules

1) Connect job seekers to employers2) Improve communication of employer obligations3) Increase outreach efforts4) Change compliance reviews

Protected Veterans Individuals With Disabilities

Overview• Veteran hiring benchmarks (8%)• Disability utilization goal of (7%)• Goals/benchmarks are not quotas • Pre-offer invitations to self-identify • Post-offer/pre-employment invitations to self-

identify • Employee surveys to identify as an Individual

With a Disability (IWD)• Data collection and analysis requirements• Annual assessment of outreach efforts • New Equal Opportunity (EO) clauses

Data Analysis• Must now be QUANTITATIVE!!!• VEVRAA hiring benchmark of 8%• Utilization goal of (7%) in the AAP• Transitional AAP• Must review problems areas and

establish specific action item goals to address identified problems

• Must evaluate each outreach effort to determined its success

Section 503 Updates

Section 503 Updates• Individual with a Disability “IWD”• QIWD • Utilization goal (7%)• Data collection• Invitation to self-identify

applicantspost offeremployees every 5 years

• Records access

INDIVIDUAL WITH DISABILITY SELF-IDENTIFICATION FORM [41 C.F.R. § 60-741.42]

• Must use OFCCP/OMB approved formsEnglish versionSpanish version

• To be used atpre-offer (application)post-offer, prior to start (onboarding)during employment within first year every five years

• Must maintain pre-offer and post-offer in separate “Data Analysis File” Not in personnel fileNot in ADA file

VEVRAA Updates

Final Rule • Hiring Benchmarks (8%)• Data Collection• Invitation to Self-Identify• EO Clause• Job Listing• Do not call them postings! • Records Access

Required Communications

• Labor unions• Subcontractors & Vendors• External notice to employment service delivery

system (state job banks) • Pre-offer • Notice to applicants and employees of AAP

availability• Post-offer, but before start• Current employees (every five years)

EXTERNAL NOTICE TO LABOR ORGANIZATION[41 C.F.R. § 60-300.5(a)(10) and 41 C.F.R. § 60-741.5(a)(5)]

as provided by NELI 01/30/14Union Official Labor Organization Address  Dear _____________________:  The [University/College name] is a federal contractor or subcontractor subject to the requirements of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of 1974, as amended, and Section 503 of the Rehabilitation Act of 1973, as amended.  [University/College name] is bound by the terms of VEVRAA and Section 503, and shall not discriminate against individuals with disabilities, and is committed to take affirmative action to employ and advance in employment protected veterans and individuals with disabilities.  Pursuant to 41 C.F.R. § 60-300.5(a)(12) and 41 C.F.R. § 60-741.5(a)(5), this communication shall serve as written notification to your organization of [University/College name]’s obligations thereunder, and to advise you of [University/College name]’s appreciation of any efforts your organization may be able to contribute to assist [University/College name] to fulfill our legal and regulatory obligations.  Should you have any questions or comments, please do not hesitate to contact the individual identified below.    Sincerely,  

NOTIFICATION (NOT “EEO CLAUSES”) TO SUBCONTRACTORS AND VENDORS

• Must send written notification of company policy related to affirmative action to all subcontractors

include vendors and suppliers request appropriate action on their part

• Should not be confused with the EEO clause notification that must also be provided.

NOTIFICATION (NOT “EEO CLAUSES”) TO SUBCONTRACTORS AND VENDORS

as provided by NELI 01/30/14

Please be advised that the [College/University name] is a covered federal contractor [or subcontractor] and must comply with certain affirmative action efforts.  Also, pursuant to 41 C.F.R. § 60-300.44(f)(i)(ii), implementing 38 U.S.C. § 4212, a portion of the Vietnam Era Veterans Readjustment Assistance of 1974, and 41 C.F.R. § 60-741.44(f)(i)(ii), implementing Section 503 of The Rehabilitation Act of 1973; [College/University name] must send you written notification of our affirmative action efforts on behalf of protected veterans and individuals with disabilities.  Our affirmative action efforts related to protected veterans and individuals with disabilities are set out and described in the attached Affirmative Action Plan for protected veterans and individuals with disabilities.  Please do not hesitate to contact the undersigned should you have any questions.  _____________________________ [Name] [Title] [Company] [Address

EXTERNAL (FIRST) NOTIFICATION TO EMPLOYMENT SERVICE DELIVERY SYSTEM [41 C.F.R. § 60-300.5(a)]

• No 503 Requirement • All employment listings sought with external requirement

efforts lasting longer than three (3) days and not involving executive or senior level positions

• Must be provided upon first external listing Must include four elements to *ESDS

1. Notification subject to VEVRAA2. Desires “priority” referrals of **PV3. Name and location of each hiring location4. Contact information for the hiring officer at each location and

identification of any 3rd party search company

• Remember “listing” not “posting”

* ESDS – Electronic Service Delivery System ** Protected Veterans

EXTERNAL (FIRST) NOTIFICATION TO EMPLOYMENT SERVICE DELIVERY SYSTEM [41 C.F.R. § 60-300.5(a)], as provided by NELI

01/30/14State Employment Delivery Agency Address  The University of Houston Downtown (“UHD”) is a federal contractor or subcontractor subject to the requirements of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of 1974, as amended (38 U.S.C. § 4212). We request priority referrals of protected veterans for job openings at all UHD locations within the state.  The following is the name and location of all UHD hiring locations throughout the state and for which UHD seeks to list available openings through your Agency, as well as the contact information for the hiring official at each of our hiring locations.  Attn: Name, TitleAddressphoneEmail  We are also using [Company name] to assist us to hire individuals for available professional level openings, as noted. The name and contact information for this organization is as follows:

Types of jobs this organization will be sourcing: Job aJob b

 If/when any of our contact information changes, we will notify you of these changes simultaneously with our next listing to your agency.  Sincerely,

EEO Notice to Applicants

If use electronic application process 1) Employer MUST post electronic notice to

inform job applicants of their EEO rights

2) Must be conspicuously stored with or as part of the electronic application

Protected Veterans

“Other Protected Veteran” is no moreUse “Protected Veteran” includes

1) “disabled veterans” 2) “active duty wartime or campaign badge veteran” 3) “armed forces service medal veterans” 4) “recently separated veterans”

(last 3 years )

PRE-OFFER PROTECTED VETERAN SELF-IDENTIFICATION FORM

[41 C.F.R. § 60-300.42]

• The Final Rule requires that contractors invite applicants to self-identify as protected veterans

• Employer cannot ask for which classification group the applicant belongs - only that they are a protected veteran during the pre-offer identification

• Form may be developed by contractor but must include

POST-OFFER PROTECTED VETERAN SELF-IDENTIFICATION FORM

[41 C.F.R. § 60-300.42]

May create own form for PVs1.State you are a federal contractor and

required to take AA for PVs2.Summarize relevant portions of VEVRAA and

AAP3.Voluntary submission4.No adverse effects5.Confidential6. Information will not be used in manner

inconsistent with VEVRAA

Invitation to Self IdentifyPost Offer

Once the offer has been extended, but before the selected individual begins, you must provide him/her with an opportunity to once again identify themselves as a “Protected Veteran.” But, this time they can identify which classification they belong, using the categories below. I BELONG TO THE FOLLOWING CLASSIFICATIONS OF PROTECTED VETERANS (CHOOSE ALL THAT APPLY):   DISABLED VETERAN* ACTIVE WARTIME OR CAMPAIGN BADGE VETERAN ARMED FORCES SERVICE MEDAL VETERAN RECENTLY SEPARATED VETERAN I am a protected veteran, but I choose not to self-identify the

classifications to which I belong.   I am NOT a protected veteran.

NOTICE TO APPLICANTS AND EMPLOYEES OF AVAILABILITY OF AAP FOR PROTECTED VETERANS AND FOR IWD

[41 C.F.R. § 60-300.41 and 41 C.F.R. § 60-741.41]

• Notices must state the rights of applicants and employees

• Must state contractor’s obligation to take AA to employ and advance qualified employees and applicants

• No OFCCP form yet…• Electronic format acceptable

1) must provide computer to access the posting 2) must have “actual knowledge” of employees access

• If use electronic applications, must provide electronic posting of this notice

• Must give full access to AAP upon request

Benchmarks vs GoalsBenchmarks

Yardstick against which contactors can use to measure their effectiveness to recruit & employ qualified veterans

Goals1) Yardstick plus2) Used to compare the availability of members of the protected group in the labor force, that should be attainable if the contractor complies with its AAP

The 8% benchmark was developed using ALL veterans data, thus is much broader than the “protected” veterans we are requested to self

identify, and thus can not be used for any availability analysis.

Recordkeeping

503 Invitations • Must be confidential • Not in Personnel File• Data Analysis File• Not in the Medical File• EO Notices• Electronic job

application system must not result in the denial of EEO to IWDs

VEVRAA Invitations• Confidential pre-offer self-ID• Collected and maintained in

separate forms and stored in separate medical file (if disabled veteran)

• Managers may be informed of “necessary restrictions” and “necessary accommodations”

• First aid and safety personnel may be informed, if it might require emergency treatment

• Not in Personnel File• Internet based system must be

“conspicuously stored with, or as part of the electronic application”

Internal Policy Statement for Bulletin Boards and Inclusion of AA/EEO Policy Statement

[41 C.F.R. § 60-300.44 (a) and 41 C.F.R. § 60-741.44 (a)]

It has been and shall continue to be both the official policy and the commitment of University of Houston-Downtown

(“UHD”), including all its divisions to further equal employment opportunities for all persons, among others,

regardless of race, religion, color, national origin, sex, sexual orientation, gender identity or expression, age, status of protected veteran or status as an qualified

individual with a disability. UHD’s EEO policy, as well as its affirmative action obligations, includes the full and complete

support of the UHD community, including its President.

Paid AdvertisementsListing – during audits will have to provide postings, so if you call listing to external sites a posting, then OFCCP will ask for it. But there will be no way to access it once it is no longer “listed.”

Must be diligent in this communication!!!

Must be in the manner and format required of ESDSTWC (Work in Texas)Direct feed from PA

Must include EEO Statement and support from chief executive

Advertising Taglines[41 C.F.R. § 60-300.5 (a) 12 and 41 C.F.R. § 60-741.5 (a) 7]

UHD is an equal opportunity employer. All qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identify or expression, age, status as a protected veteran, or status as a qualified individual with a disability.

Possible shortened versionEO/AA/Vet/Disability Employer

May NOT shorten to “V” or “D”

EEO Notices Current Employees

If use electronic format it must1) provide all employees access to a computer;2) must be conspicuous location and format on the company’s Intranet;

or 3) sent via email

Outreach & Recruitment Efforts

Contractors will have to “review” their “outreach and recruitment efforts” over the previous 12 months by:

1) Reviewing their “effectiveness” by writing a “self assessment” evaluating at least “each effort”

2) Documenting your “criteria” and;3) Providing a “conclusion” whether “each effort” was “effective” considering applicants, openings, and hires for “the current year” and the “two most previous years”

Evaluation of Personnel Processes [41 C.F.R. § 60-300.44 (f) (3) and 41 C.F.R. § 60-741.44 (f)

(3)]

1) Did the activity attract QIWDs and PVs applicants?

2) Did the activity result in the hiring of any QIWDs and PVs

3) Did the activity expand the outreach to QIWDs and PVs

4) Did the activity increase the ability to include QIWDs and PVs in the its workforce?

Questions?