The OFCCP recently published regulations that significantly revise the affirmative action requirements for qualified individuals with disabilities (“IWDs”) and protected veterans. The new regulations, which apply to covered federal contractors, become effective on March 24, 2014.
More Focus on Recruiting and Hiring IWDs and Protected Veterans
OFCCP’s new regulations change the existing regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act. According to the OFCCP, these changes will “strengthen the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire” IWDs and protected veterans, and “improve job opportunities” for IWDs and protected veterans.
Among other things, federal contractors will have to begin:
- Collecting and maintaining more data related to the hiring and employment of IWDs and protected veterans;
- Establishing a 7% “utilization goal” for IWDs;
- Establishing specific “hiring benchmarks” for protected veterans;
- Increasing the level and quality of outreach efforts designed to encourage IWDs and protected veterans to apply for open positions; and
- Robustly self-assessing these efforts, making changes when the efforts are ineffective and maintaining detailed records related to this process.
Some Changes Required Now, Others Can Wait
Like the rest of OFCCP’s regulatory requirements, the new regulations only apply to covered federal contractors. A significant portion of the new requirements can be “phased in” between now and the next time the contractor’s AAP is scheduled to be updated. For example, if a contractor has set its AAP year to correspond with the calendar year, then many of the new requirements need not be implemented until January 1, 2015. Other new requirements must be implemented as of March 24, 2014 regardless of the contractor’s AAP year date. These include required changes to the EEO tagline on job advertisements/solicitations, notice provisions that must be included in covered subcontracts/purchase orders and the process for listing job openings with state employment delivery services.
Compliance Assistance
Fortunately for contractors, many of the “what, how and when” details related to complying with the new regulations can be answered by visiting the OFCCP’s website. Very useful guidance can be found here, including comprehensive FAQs and downloadable webinar links. Even with the OFCCP’s guidance, compliance will not come easy for many contractors. With the deadline right around the corner, contractors should wait no longer to establish an effective compliance plan.
If you have questions regarding this topic, please contact Jon Bumgarner at 317.977.1474 or jbumgarner@wp.hallrender.com or your regular Hall Render attorney.
