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 • • • • • • • • • 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 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 • • • • • • • 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 • • • • • • 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 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?