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Revised Regulations for Vets and Individuals with Disabilities

 

CRI wants to remind all federal contractors that the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) revised the affirmative action regulations with regard to the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (VEVRAA) at 41 CFR Part 60-300 and to Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) at 41 CFR Part 60-741. 

The changes, which took effect on March 24, 2014, have increased the obligations for contractors to collect and report on data, as well as to manage and improve efforts to prevent discrimination against protected veterans and individuals with disabilities in employment. VEVRAA

 What contractors should be doing to comply with the revised regulations:

Self-Identification: The new regulations require that contractors invite applicants to self-identify as protected veterans at both the pre-offer and post-offer phases of the application process. The new regulations also require that contractors invite applicants to self-identify as an individual with a disability at both the pre-offer and post-offer phases of the application process, using language mandated by OFCCP. The Final Rule also requires that contractors invite their employees to self-identify as an individual with a disability every five years, using OFCCP’s mandated language. At least once between the five years contractors must remind employees that they may update their disability status at any time.  The mandated language to identify as an individual with a disability is posted on OFCCP’s website.  Individual with a disability Protected Veteran

Policy Statement: Contractors must revise their policy statement to indicate the top U.S. executive’s support of the contractor’s affirmative action program.

  Job Posting Tagline:  Contractors must modify their current tagline

used in job postings to reflect the revised regulations which requires the tagline to incorporate references to protected veterans and individuals with disabilities.  Our recommendation is that you use a tagline similar to the following:  “Company name” is an EEO/AA/Disability/Vets

Employer

EO Clause:  Contractors must modify their current EO clause in subcontracts and purchase orders to reflect the revised regulations. Rather than including the entire language of each of the EO clauses, contractors can reference all EO clauses into a single “incorporation by reference” clause, provided that the entire combined clause is set in bold text and cites the following regulations, 41 CFR 60-1.4(a), 41 CFR 60-300.5(a) and 60-741.5(a). The statement can be found on OFCCP’s website and is also included below:This contractor and subcontractor shall abide by the

requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

Reasonable accommodations: Any reasonable accommodations that are requested (i.e. for disabilities, medical reasons, and religious practices) need to be documented. In addition, ensure that you are documenting any accommodations that have been made as well as the reasoning for any accommodations that were denied.

  Utilization Goal For Section 503 :The revised regulations establish

a nationwide 7% employment utilization goal for individuals with disabilities, meaning that individuals with disabilities should represent 7% of your workforce.  Contractors will apply this 7% goal to each of their job groups or to their workforce as a whole if the contractor has 100 or fewer employees. As part of your AAP preparation, CRI will conduct a utilization analysis and assessment of problem areas, and will incorporate your specific action-oriented programs to address any identified problems in your AAP.

Established VEVRAA Hiring Benchmark: The revised regulations require that contractors establish a hiring benchmark for protected veterans annually and must maintain records related to their benchmark for three years, allowing them to assess the success of their outreach and recruitment efforts for veterans over time. Contractors may establish a benchmark equal to the national percentage of veterans in the civilian labor force (currently 7.2%), or may establish their own benchmark by taking into account the following five factors:  • the average percentage of veterans in the civilian labor force

over the preceding three years in the state where the contractor is located

• the number of veterans over the previous four quarters, who participated in the employment service delivery system in the state where the contractor is located

• the applicant and hiring ratios for the previous year• the contractor’s recent assessments of the effectiveness of its

outreach and recruitment efforts• any other factors, such as the nature of the job or its location,

that would affect the availability of qualified protected veterans 

Assessment of Outreach for Veterans and Individuals with Disabilities:  The revised regulations require contractors to evaluate the overall impact of their outreach and recruitment for protected veterans and individuals with disabilities.  The regulations require that contractors annually assess their outreach and recruitment efforts and document this evaluation. The evaluation must include the criteria the contractor used to evaluate the effectiveness of each effort and the contractor´s conclusion as to whether each effort was effective. If the contractor concludes that totality of its efforts were not effective in identifying and recruiting qualified protected veterans and individuals with disabilities, it must implement alternative outreach and recruitment methods. Contractors must retain their evaluations for three years, to allow them to assess the success of their outreach and recruitment efforts for veterans and individuals with disabilities over time.

  Review of personnel processes: The revised regulations require

contractors to conduct an assessment of personnel processes as required by CFR 60-300.44 (b) and 60-741.44 (b). This assessment must include the date the assessment was performed, any actions taken or changes made as a result of the assessment, and the date of the next scheduled assessment.

 

Review of physical and mental qualifications: The revised regulations require contractors to conduct an assessment of physical and mental qualifications, as required by 41 CFR 60-300.44 (c) and 60-741.44 (c). This assessment must include the date the assessment was performed, any actions taken or changes made as a result of the assessment, and the date of the next scheduled assessment.

  Records Collection and Retention: Contractors must collect,

document, and update annually the following information which OFCCP must be permitted to review either on-site or off-site, at OFCCP’s option:

VEVRAA:• Applicants:

the number of protected veteran applicants; the total number of job openings and the number of jobs

filled the total number of applicants for all jobs.

• Hires: the total number of protected veteran applicants hired the total number of applicants hired

VEVRAA

Section 503• Applicants: 

the total number of applicants for employment the number of applicants who are known individuals with

disabilities 

• Hires:   the total number of job openings the number of jobs filled, and the number of individuals with

disabilities hired the total number of job openings and the number of jobs that

are filled.Contractors must maintain this information for three years.  In addition, contractors must maintain the following records for three years: 

• Evaluations of outreach and recruitment efforts (41 CFR 60-300.44(f))

• Records pertaining to the data collection of comparisons regarding applicants and employees (41 CFR 60-300.44(k))

• Records related to the hiring benchmark requirement (41 CFR 60-300.45)

THE MATERIALS CONTAINED IN THIS DOCUMENT WERE PREPARED BY CAREER RESOURCES, INC. FOR THE READERS’ OWN REFERENCE IN CONNECTION WITH EDUCATION MATERIALS OR

SEMINARS PRESENTED BY CAREER RESOURCES, INC.  END USERS OR SEMINAR PARTICIPANTS SHOULD NOT CONSIDER THESE MATERIALS OR DISCUSSIONS THEREABOUT TO BE LEGAL OR

OTHER ADVICE.

Goal attainment of 7% utilization goal for individuals with disabilities: An analysis will be conducted to determine whether any goals that were established based on underutilization of individuals with disabilities were met.

While the revised regulations may seem overwhelming, the OFCCP has expressed that they understand that a contractor’s first AAP after the revised regulations took effect (March 24,

2014) is a transition year and that in an audit their focus will be on evaluating the good faith efforts you’ve made toward

implementing the new requirements as opposed to the final outcome of the analyses. If you need implementing new

regulations please contact CRI at 800-820-4080 x 6701 or at info@crincorporated.com

The Takeaway:

  

Career Resources is a privately owned company which develops Affirmative Action and Diversity Plans, provides Diversity and Affirmative Action Plan implementation, online e-Learning courses, Sexual Harassment Training, EEOC and OFCCP vulnerability audits, OFCCP audit support used by hundreds of organizations nationwide including fortune 500 companies and small/medium size businesses in all industries. We pride ourselves on our close relationships with our

customers, whose direct feedback helps to shape the direction and future of our business.

We’re all about providing quality services and products backed by knowledgeable and friendly seasoned staff.

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