OFCCP Final Rule

Report
OFCCP Compliance Mandates
Section 503 & VEVRAA
Presented by:
Doug teDuits, Ed D, SPHR
Assistance Vice President & Affirmative Action Officer
May 5, 2014
Why OFCCP Revised Rules
1) Connect job seekers to employers
2) Improve communication of employer
obligations
3) Increase outreach efforts
4) Change compliance reviews
Protected Veterans
Individuals With Disabilities
Overview
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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
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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
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Individual with a Disability “IWD”
QIWD
Utilization goal (7%)
Data collection
Invitation to self-identify
applicants
post offer
employees every 5 years
• Records access
INDIVIDUAL WITH DISABILITY SELFIDENTIFICATION FORM
[41 C.F.R. § 60-741.42]
• Must use OFCCP/OMB approved forms
English version
Spanish version
• To be used at
pre-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 file
Not in ADA file
VEVRAA Updates
Final Rule
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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 01/30/14
Union 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.
2.
3.
4.
Notification subject to VEVRAA
Desires “priority” referrals of **PV
Name and location of each hiring location
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
01/30/14
State 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, Title
Address
phone
Email
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 a
Job 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 more
Use “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 SELFIDENTIFICATION FORM
[41 C.F.R. § 60-300.42]
May create own form for PVs
1. State you are a federal contractor and
required to take AA for PVs
2. Summarize relevant portions of VEVRAA and
AAP
3. Voluntary submission
4. No adverse effects
5. Confidential
6. Information will not be used in manner
inconsistent with VEVRAA
Invitation to Self Identify
Post 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 Goals
Benchmarks
Yardstick against
which contactors
can use to measure
their effectiveness
to recruit & employ
qualified veterans
Goals
1) Yardstick plus
2) 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
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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
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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 Advertisements
Listing – 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 ESDS
TWC (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 version
EO/AA/Vet/Disability Employer
May NOT shorten to “V” or “D”
EEO Notices Current
Employees
If use electronic format it must
1) 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?

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