Checklist for Revised Section 503 and VEVRAA

Transcription

1 Checklist fr Revised Sectin 503 and VEVRAA February 2014 Cpyright 2014 Peplefluent, Inc. All Rights Reserved

2 Checklist fr Revised Sectin 503 and VEVRAA Nte: The fllwing is nt all-inclusive f the regulatins fr Individuals with Disabilities r Prtected Veterans. Instead, it is a summary f the majr changes due t regulatry mdificatins, effective March 24, 2014, which require cntractr actin. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Cntractrs must cme int cmpliance with items under Subpart A by March 24, Subpart A Equal pprtunity clause. (a) (6) and (d) Inclusin f EEO Clause in Purchase Orders and Cntracts: This applies t every subcntract r purchase rder in excess f $10,000. The verbiage must be verbatim and in bld face. (a) (4) Psting requirement fr emplyees and applicants. This sectin was amended t include prcedures fr ntifying remte emplyees and applicants wh apply nline fr jb penings. (a) (5) Ntificatin t labr rganizatins. This applies if any f yur lcatins have a cllective bargaining agreement. The cntractr will ntify each labr rganizatin r representative f wrkers that the cntractr is bund by the terms f Sectin 503 f the Rehabilitatin Act, and is cmmitted t take affirmative actin t emply and advance in emplyment, and shall nt discriminate against, individuals with disabilities. (a) (7) EEO Tagline. In all slicitatins r advertisements fr emplyees, it must state that all qualified applicants will receive cnsideratin fr emplyment and will nt be discriminated against n the basis f disability r smething t that effect. If yu simply state M/F/D/V, this will nt suffice as the wrd disability is nt spelled ut. Subpart C Cntractrs shuld cme int cmpliance with items under Subpart C during their first transitinal AAP starting after March 24, Hwever, the OFCCP encurages cntractrs t nt wait until the start date f their transitinal AAP t cme int cmpliance. The OFCCP als ntes that, if a cntractr cannt cme int cmpliance by the start f their transitin AAP, the cntractr must be prepared t shw steps it has put int place t cme int cmpliance. OFCCP understands that the first AAP is a transitinal ne fr cntractrs. Therefre, a cntractr will NOT be fund in vilatin f the new Subpart C, s lng as it can demnstrate that it has acted reasnably, in light f its particular circumstances. Peplefluent Prprietary and Cnfidential 2

3 Checklist fr Revised Sectin 503 and VEVRAA Availability f affirmative actin prgram. This sectin was amended by adding verbiage stating that cntractrs d nt have t shw the new metrics sectin when an applicant r emplyee requests t see the AAP fr individuals with disabilities Invitatin t self-identify. Cntractrs will need t extend an invitatin t self-identify t applicants (pre-ffer), hires (pst-ffer), and existing emplyees the first year f cverage and then 5 years afterwards. The self-identificatin frm cannt be mdified. Self-identificatin Frm fr IWD Required cntents f affirmative actin prgrams. (a) Plicy Statement: The EEO Plicy statement must indicate the tp United States executive s supprt fr the affirmative actin prgram. The OFCCP des nt require that the plicy statement be signed by this individual, but the OFCCP strngly encurages a signature. This plicy statement is updated annually and must be psted in a cnspicuus place, such as a cmpany bulletin bard. (b) Review f Persnnel Prcesses. The cntractr must peridically review prcesses and make any necessary mdificatins t ensure that these bligatins are carried ut. A descriptin f the review and any necessary mdificatins t persnnel prcesses r develpment f new prcesses must be included in any affirmative actin prgrams required under this part. The cntractr must design prcedures that facilitate a review f the implementatin f this requirement by the cntractr and the Gvernment. (c) Physical and Mental Qualificatins: The cntractr must have a schedule fr the review f all physical and mental jb qualificatin standards t ensure that qualificatin standards d nt tend t screen ut qualified individuals with disabilities and they are jb-related fr the psitin and cnsistent with business necessity. An example f a schedule wuld be reviewing the qualificatins annually OR prir t psting a requisitin. Dcument the schedule being used by yur rganizatin. (d) (1) Reasnable accmmdatin t physical and mental limitatins. If an emplyee with a knwn disability is having perfrmance issues and the emplyer can reasnably cnclude that the perfrmance prblem is directly related t the disability, the emplyer must cnfidentially ntify the emplyee f the perfrmance prblem and inquire whether the prblem is related t the emplyee s disability, and if it is, ask if a reasnable accmmdatin is needed. (d) (2) Reasnable Accmmdatin Prcedures. Althugh the develpment and use f written prcedures fr prcessing requests fr reasnable accmmdatins is nt required, it is a best practice that can assist cntractrs with meeting bligatins f prviding reasnable accmmdatins. (See Appendix B t Part Develping Reasnable Accmmdatin Prcedures fr OFCCP s suggested steps.) (e) Harassment. The cntractr must develp and implement prcedures t ensure that its emplyees are nt harassed n the basis f disability. (f) External disseminatin f plicy, utreach, and psitive recruitment. The cntractr must perfrm effective utreach t recruit qualified individuals with disabilities. Keep recrds f jb pstings and cntacts made with utreach and recruitment surces, as well as cntact infrmatin f all utreach and recruitment surces. This sectin f the regulatins lists examples f prgrams which can be utilized t satisfy this requirement under #2. (f) (1) (ii) The cntractr must send written ntificatin f cmpany plicy related t its affirmative actin effrts t all subcntractrs, including subcntracting vendrs and suppliers, requesting apprpriate actin n their part. This ntificatin needs t be sent ut annually t subcntractrs and vendrs with cntractrs ver $10,000. The cntractr must keep Peplefluent Prprietary and Cnfidential 3

4 Checklist fr Revised Sectin 503 and VEVRAA prf f the fact that the ntificatin was sent ut (such as a cpy f an r letter mailed ut; respnse frm the cntractr regarding cmpliance; r a list f vendrs ntified alng with cpy f ntificatin and date sent ut). (f) (3) Assessment f external utreach and recruitment effrts. The cntractr must annually review the effectiveness f the utreach and recruitment effrts taken ver the previus twelve mnths. The cntractr must dcument each evaluatin, including, at a minimum, the criteria it used t evaluate the effectiveness f each effrt, and the cntractr s cnclusin as t whether each effrt was effective. (see page 15 fr OFCCP s sample dcumentatin Sectin 503 OFCCP webinar slide deck). (f) (4) Recrdkeeping bligatin. Dcuments regarding all activities the cntractr undertakes with the bligatins f this sectin must be retained fr three years. (g) Internal disseminatin f plicy. The cntractr must internally disseminate the plicy in rder t gain internal supprt frm supervisry r management persnnel and ther emplyees. This sectin gives examples f ways a cntractr can meet this requirement. Keep recrds f hw the infrmatin is disseminated. (h) Audit and reprting system. The cntractr must design and implement an audit and reprting system t measure the effectiveness f the AAP fr individuals with disabilities. Dcument what reviews have been cnducted thrughut the year t meet this requirement, and list steps t take if remedial actin is needed. (see pages f OFCCP s slide presentatin OFCCP Sectin 503 slide deck) (i) Respnsibility fr implementatin. An fficial within the rganizatin must be assigned respnsibility fr implementatin f the AAP. That persns name must appear n all internal and external cmmunicatins regarding the cmpany s AAP. This individual als must receive supprt and staff t manage the implementatin f the prgram. (j) Training. All emplyees wh are invlved in the recruitment, screening, selectin, prmtin, disciplinary, and related prcesses must be trained t ensure that the cmmitments in the cntractr s AAP are implemented. Keep recrds f wh cnducted the training, a cpy f the training handuts and/r presentatin materials, and a lg f attendees. (k) Data cllectin analysis. The fllwing infrmatin n applicants and hires must be cllected and maintained fr a perid f three years. (1) The number f applicants wh self-identified as individuals with disabilities pursuant t (a), r wh are therwise knwn t be individuals with disabilities; (2) The ttal number f jb penings and ttal number f jbs filled; (3) The ttal number f applicants fr all jbs; (4) The number f applicants with disabilities hired; and (5) The ttal number f applicants hired Utilizatin gals. (3) Annual evaluatin. Fr each affirmative actin plan, the cntractr must annually cmpare the incumbency by jb grup f individuals with disabilities against the OFCCP s-established 7% utilizatin gal. If the cntractr verall has less than 100 emplyees, the analysis may be dne by establishment as a whle rather than by jb grup. (e) Identificatin f prblem areas. When the percentage f individuals with disabilities in ne r mre jb grups, r in a cntractr's entire wrkfrce if applicable, is less than the utilizatin gal f 7%, the cntractr must take steps t determine whether and where impediments t equal Peplefluent Prprietary and Cnfidential 4

5 Checklist fr Revised Sectin 503 and VEVRAA emplyment pprtunity exist. When making this determinatin, the cntractr must assess its persnnel prcesses, the effectiveness f its utreach and recruitment effrts, the results f its affirmative actin prgram audit, and any ther areas that might affect the success f the affirmative actin prgram. (f) Actin-riented prgrams. The cntractr must develp and execute actin-riented prgrams designed t crrect any identified prblems areas. These actin-riented prgrams may include the mdificatin f persnnel prcesses t ensure equal emplyment pprtunity fr individuals with disabilities, alternative r additinal utreach and recruitment effrts frm amng thse listed in (f)(1) and (f)(2), and/r ther actins designed t crrect the identified prblem areas and attain the established gal. Answers t Sme Tp Questins Peplefluent has been receiving the fllwing questins frm custmers: (infrmatin taken frm FAQ n OFCCP website). Data Cllectin Analysis 1. The data cllectin requirements in sectin (k)(2) f the Final Rule require cntractrs t dcument "the ttal number f jb penings and ttal number f jbs filled." Des the "ttal number f penings" refer t the number f requisitins r jb vacancy annuncements, r t the number f individual pen psitins referenced in the requisitins r annuncements? The ttal number f jb penings refers t the number f individual psitins advertised as pen in a jb vacancy annuncement r requisitin. Fr example, if ne jb vacancy annuncement r requisitin includes 5 pen psitins and results in 4 hires, the cntractr wuld dcument this as 5 jb penings and 4 jbs filled. 2. The data cllectin requirements in sectin (k) als ask cntractrs t reprt the number f jbs "filled" ( (k)(2)) and thse "hired" ( (k)(4) and (5)). Hw des the number f "jbs filled" differ frm the number f peple "hired?" In the cntext f the data cllectin requirements f (k), jbs "filled" refers t all jbs the cmpany filled by any means, be it thrugh a cmpetitive prcess r nn-cmpetitively, such as thrugh reassignment r merit prmtin. It, therefre, shuld take int accunt bth new hires int the cmpany and thse emplyees wh were placed int new psitins via prmtins, transfers, and reassignments. In cntrast, the number f thse "hired" refers slely t thse applicants (bth internal and external t the cntractr) wh are hired thrugh a cmpetitive prcess, including prmtins. Self-Identificatin 1. May cntractrs create an electrnically fillable cpy f the frm used t invite vluntary selfidentificatin f disability? Yes, cntractrs may create an electrnically fillable versin f the frm used t invite selfidentificatin prvided that frm meets certain requirements. The e-frm must: Display the OMB number and expiratin date Cntain the text f the frm withut alteratin Use a sans-serif fnt, such as Calibri r Arial Peplefluent Prprietary and Cnfidential 5

6 Checklist fr Revised Sectin 503 and VEVRAA Use at least 11-pitch fr fnt size (with the exceptin f the ftnte and burden statement, which must be at least 10-pitch in size) 2. May cntractrs prvide applicants and emplyees with a name and ther cntact infrmatin, at the same time they invite vluntary self-identificatin f disability status, s that the applicants and emplyees can btain additinal infrmatin abut reasnable accmmdatin? Yes. Cntractrs are encuraged t prvide additinal infrmatin abut reasnable accmmdatin at the same time they invite vluntary self-identificatin f disability. This may include the name and cntact infrmatin f the fficial(s) respnsible fr prcessing requests fr reasnable accmmdatin frm applicants and emplyees with disabilities, and infrmatin abut the cntractr s reasnable accmmdatin prcedures. Cntractrs may nt alter the cntent f the OFCCP s vluntary self-identificatin frm, but are encuraged t prvide such reasnable accmmdatin infrmatin with the frm. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS REGARDING DISABLED VETERANS, RECENTLY SEPARATED VETERANS, ACTIVE DUTY WARTIME OR CAMPAIGN BADGE VETERANS, AND ARMED FORCES SERVICE MEDAL VETERANS Cntractrs with a federal cntract wrth $100,000 r mre must cme int cmpliance with items under Subpart A by March 24, Subpart A Definitins. Cntractrs must update any references t types f veterans cvered under the prgram. There shuld n lnger be references t Vietnam Era Veterans r Special Disabled Veterans as 41 CFR was rescinded. Als, Cvered veteran becmes Prtected veteran. This refers t any veteran under the VEVRAA regulatins. Other prtected veteran has been replaced with Active Duty Campaign Badge Veteran. Pre-JVA veteran has been added t dente the grups f veterans previusly prtected under rescinded Part The new Prtected veteran categries cnsist f: Disabled Veteran, Active Duty Wartime r Campaign Badge Veteran, Recently Separately Veteran, and Armed Frces Services Medal Veteran Equal pprtunity clause. (a) (11) and (d) Inclusin f EEO Clause in Purchase Orders and Cntracts: This applies t every subcntract r purchase rder wrth $100,000 r mre. The verbiage must be verbatim and in bld face. Peplefluent Prprietary and Cnfidential 6

7 Checklist fr Revised Sectin 503 and VEVRAA Jb psting requirements with emplyment service delivery system (ESDS) 2. Jb psting requirement with the apprpriate emplyment service delivery system where the pening ccurs. Listing emplyment penings with the state wrkfrce agency jb bank r with the lcal emplyment service delivery system where the pening ccurs will satisfy the requirement t list jbs with the apprpriate emplyment service delivery system. Cntractrs must prvide infrmatin abut the jb vacancy in any manner and frmat permitted by the apprpriate emplyment service delivery system which will allw that system t prvide pririty referral f veterans prtected by VEVRAA fr that jb vacancy. 4. Infrmatin t pass alng t ESDS. Cntractr must advise the ESDS in each state where it has establishments that: (a) It is a Federal cntractr, s that the emplyment service delivery systems are able t identify them as such; and (b) it desires pririty referrals frm the state f prtected veterans fr jb penings at all lcatins within the state. The cntractr shall als prvide t the emplyment service delivery system the name and lcatin f each hiring lcatin within the state and the cntact infrmatin fr the cntractr fficial respnsible fr hiring at each lcatin. The cntractr fficial may be a chief hiring fficial, a Human Resurces cntact, a senir management cntact, r any ther manager fr the cntractr that can verify the infrmatin set frth in the jb listing and receive pririty referrals frm emplyment service delivery systems. In the event that the cntractr uses any external jb search rganizatins t assist in its hiring, the cntractr shall als prvide t the emplyment service delivery system the cntact infrmatin fr the jb search rganizatin(s). 6. All emplyment penings includes all psitins except executive and senir management, thse psitins that will be filled frm within the cntractr's rganizatin, and psitins lasting three days r less. This term includes full-time emplyment, temprary emplyment f mre than three days' duratin, and part-time emplyment. 9. Psting requirement f EEO plicy statement. This sectin was amended t include a prcedure t ntifying remte emplyees and applicants wh apply nline fr jb penings. 10. Ntificatin t labr rganizatins. This applies if any f yur lcatins have a cllective bargaining agreement. The cntractr will ntify each labr rganizatin r representative f wrkers that the cntractr is bund by the terms f VEVRAA, and is cmmitted t take affirmative actin t emply and advance in emplyment, and shall nt discriminate against, prtected veterans. 12. EEO Tagline. The cntractr must, in all slicitatins r advertisements fr emplyees placed by r n behalf f the cntractr, state that all qualified applicants will receive cnsideratin fr emplyment withut regard t their prtected veteran status. Subpart C Cntractrs shuld cme int cmpliance with items under Subpart C during their first transitinal AAP which starts n r after March 24, 2014.Hwever, the OFCCP encurages cntractrs t nt wait until the start date f their transitinal AAP t cme int cmpliance. The OFCCP als ntes that if a cntractr cannt cme int cmpliance by the start f their transitin AAP, it must discuss steps that have been taken t cme int cmpliance. OFCCP understands that the first AAP is a transitinal ne fr cntractrs. Therefre, a cntractr will NOT be fund in vilatin f the new Subpart C, s lng as it can demnstrate that it has acted reasnably, in light f its particular circumstances. Peplefluent Prprietary and Cnfidential 7

8 Checklist fr Revised Sectin 503 and VEVRAA Availability f affirmative actin prgram. The sectin was amended by adding verbiage stating that cntractrs d nt have t shw the new metrics sectin when an applicant r emplyee requests t see the AAP fr prtected veterans Invitatin t self-identify. Cntractrs will need t extend an invitatin t self-identify t applicants (pre-ffer) and hires (pst-ffer). The OFCCP prvides sample self-id verbiage at Appendix B t Part Sample Invitatin t Self-Identify Required cntents f affirmative actin prgrams. (a) Plicy Statement: The EEO Plicy statement must indicate the tp United States executive s supprt fr the affirmative actin prgram. The OFCCP des nt require that the plicy statement be signed by this individual, but the OFCCP strngly encurages a signature. This plicy statement is updated annually and must be psted in a cnspicuus place such as cmpany bulletin bard. (b) Review f Persnnel Prcesses. The cntractr must peridically review prcesses and make any necessary mdificatins t ensure that these bligatins are carried ut. A descriptin f the review and any necessary mdificatins t persnnel prcesses r develpment f new prcesses shall be included in any affirmative actin prgrams required under this part. The cntractr must design prcedures that facilitate a review f the implementatin f this requirement by the cntractr and the Gvernment. (see Appendix C t Part Review f Persnnel Prcesses) (c) Physical and Mental Qualificatins: The cntractr must have a schedule fr the review f all physical and mental jb qualificatin standards t ensure that they d nt tend t screen ut qualified disabled veterans and they are jb-related fr the psitin and cnsistent with business necessity. An example f a schedule wuld be reviewing the qualificatins annually OR prir t psting a requisitin. Dcument the schedule being used by yur rganizatin. (d) Reasnable accmmdatin t physical and mental limitatins. If an emplyee wh is a qualified disabled veteran is having perfrmance issues and the emplyer can reasnably cnclude that the perfrmance prblem is directly related t the disability, the emplyer must cnfidentially ntify the emplyee f the perfrmance prblem and inquire whether the prblem is related t the emplyee s disability, and if it is, ask if a reasnable accmmdatin is needed. (see Appendix A t Part Guidelines n a Cntractr's Duty t Prvide Reasnable Accmmdatin). (e) Harassment. The cntractr must develp and implement prcedures t ensure that its emplyees are nt harassed because f the status as a prtected veteran. (f) External disseminatin f plicy, utreach, and psitive recruitment. The cntractr must perfrm effective utreach t recruit prtected veterans. Keep recrds f cntacts and cntact infrmatin f all utreach and recruitment infrmatin. This sectin f the regulatins lists examples f prgrams which can be utilized t satisfy this requirement under #2. (f) (1) (ii) The cntractr must send written ntificatin f cmpany plicy related t its affirmative actin effrts t all subcntractrs, including subcntracting vendrs and suppliers, requesting apprpriate actin n their part. This ntificatin needs t be sent ut annually t subcntractrs and vendrs with cntractrs wrth $100,000 r mre. The cntractr must keep prf f the fact that the ntificatin was sent ut (such as a cpy f an r letter Peplefluent Prprietary and Cnfidential 8

9 Checklist fr Revised Sectin 503 and VEVRAA mailed ut, respnse frm the cntractr regarding cmpliance, list f vendrs ntified alng with cpy f ntificatin and date sent ut). (f) (3) Assessment f external utreach and recruitment effrts. The cntractr must annually review the effectiveness f the utreach and recruitment effrts taken ver the previus twelve mnths. The cntractr must dcument each evaluatin, including at a minimum the criteria it used t evaluate the effectiveness f each effrt and the cntractr s cnclusin as t whether each effrt was effective. (f) (4) Recrdkeeping bligatin. Dcuments regarding all activities the cntractr undertakes with the bligatins f this sectin must be retained fr three years. (g) Internal disseminatin f plicy. The cntractr must internally disseminate the plicy in rder t gain internal supprt frm supervisry and management persnnel and ther emplyees. This sectin gives examples f ways a cntractr can meet this requirement. Keep recrds f hw the infrmatin is disseminated. (h) Audit and reprting system. The cntractr must design and implement an audit and reprting system t measure the effectiveness f the AAP fr individuals with disabilities. Dcument what reviews have been cnducted thrughut the year t meet this requirement and list steps t take if remedial actin is needed. (i) Respnsibility fr implementatin. An fficial within the rganizatin must be assigned respnsibility fr implementatin f the AAP. That persns name must appear n all internal and external cmmunicatins regarding the cmpany s AAP. This individual als must receive supprt and staff t manage the implementatin f the prgram. (j) Training. All emplyees wh are invlved in the recruitment, screening, selectin, prmtin, disciplinary, and related prcesses must be trained t ensure that the cmmitments in the cntractr s AAP are implemented. Keep recrds f wh cnducted the training, a cpy f the training handuts and/r presentatin materials, and a lg f attendees. (k) Data cllectin analysis. The cntractr shall dcument the fllwing cmputatins r cmparisns pertaining t applicants and hires n an annual basis and maintain them fr a perid f three (3) years: (1) The number f applicants wh self-identified as prtected veterans pursuant t (a), r wh are therwise knwn as prtected veterans; (2) The ttal number f jb penings and ttal number f jbs filled; (3) The ttal number f applicants fr all jbs; (4) The number f prtected veteran applicants hired; and (5) The ttal number f applicants hired. Peplefluent Prprietary and Cnfidential 9

10 Checklist fr Revised Sectin 503 and VEVRAA Benchmarks fr hiring. (b) Hiring benchmarks shall be set by the cntractr n an annual basis. The benchmark can be cnducted fr the entire wrkfrce per AAP, r by jb grup per AAP. Benchmarks shall be set using ne f the tw mechanisms described belw: (1) Establish a benchmark equaling the natinal percentage f veterans in the civilian labr frce, which will be published and updated annually n the OFCCP Web site (currently 8%); r (2) Establish a benchmark by taking int accunt factrs described under this sectin. (c) The cntractr shall dcument the hiring benchmark it has established each year. If the cntractr sets its benchmark using the prcedure in paragraph (b)(2), it must dcument each f the factrs that it cnsidered in establishing the hiring benchmark and the relative significance f each f these factrs. The cntractr must retain these recrds fr a perid f three (3) years. RESOURCES: Final Rule VEVRAA - subcntractrs-regarding and Final Rule Sectin and-subcntractrs-regarding and Final Rule ADAAA - with-disabilities-act-as#h-10 and EEOC fact sheet OFCCP FAQs n VEVRAA - OFCCP FAQs n Sectin OFCCP Resurces - Peplefluent Prprietary and Cnfidential 10