Prepare Now for §4212: Improving Employment Outcomes for Veterans


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Prepare Now for §4212: Improving Employment Outcomes for Veterans

  1. 1. Nita Beecher, Mercer Networks Jolene Jefferies, DirectEmployers AssociationJanuary 15, 2013
  2. 2. Improving Employment Outcomes for VeteransToday’s Objectives and Learning Outcomes: 1. Learn About DirectEmployers Association 2. Highlights of the Proposed §4212 Regulations 3. Conduct a Gap Analysis NOW to Assess Internal Readiness for Increased Regulatory Compliance Requirements 4. Develop a Strategy to Address Gaps & Ensure Preparedness 5. Research Veteran Best Practices by Other Successful Employers 6. Receive Additional Resources for Recruiting & Retaining Veterans
  3. 3. Who is DirectEmployers Association?DirectEmployers Association is a nonprofit HR consortium of leading globalemployers formed to improve labor market efficiency through the sharing of best practices, research and the development of technology.  600+ Member Companies – Over 90% Represent Fortune 500 & Fortune 1000  17 Board Members – Member Companies Mission To provide employers an employment network that is cost-effective, improves labor market efficiency, and reaches an ethnically diverse national and international workforce.
  4. 4. Definitional ChangesWorkforce Composition Goals / BenchmarksSelf-identification Early & OftenOutreach, Outreach, OutreachNew Reasonable Accommodation ProcessData Collection, Analysis & RecordkeepingTransparency and AccountabilityTrainingAnnual ReportPriority Consideration
  5. 5. Definitional Changes► Covered veteran >>> “protected veteran” Includes special disabled, Vietnam-era, recently separated and active duty wartime or campaign badge veterans►Vets 100/100A categories not changed VETS 100 categories VETS 100A categories (1) Special disabled veterans; 1)Disabled veterans; (2) Veterans of the Vietnam era; 2) Veterans who served on active duty in the U.S. (3) Veterans who served on active duty in the U.S. military during a war or campaign or expedition military during a war on in campaign or expedition for which a campaign badge is awarded; for which a campaign badge has been authorized; and 3) Veterans who, while serving on active duty in (4) Recently separated veterans (veterans within one the Armed Forces, participated in a United States year from discharge or release from active duty). military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985; and 4) Recently separated veterans (veterans within 36 months from discharge or release from active duty).
  6. 6. Workforce Composition Goals / BenchmarksGoal established by contractor considering: ►% vets in civilian labor force ►# vets who participated in ESDS/Department of Veterans’ Employment & Training Service ► referral, applicant & hiring ratios ► effectiveness of contractors external outreach & recruitment efforts ►any other factors affecting availability of qualified protected veterans
  7. 7. Self-identification Early & Often► Pre-offer Contractor to invite all applicants to self id as protected veteran based on description provided by OFCCP► Post offer/pre-employment Contractor to invite all offerees to self id as special disabled, Vietnam era, recently separated veterans, active duty wartime or campaign badge veterans based on language provided by OFCCP
  8. 8. Outreach, Outreach, OutreachMust provide job vacancy information to the appropriate ESDS “in the manner required by the service” ►provide notice that federal contractor, contact information of hiring official and request for priority referrals of veterans Must provide information re: staffing or temp agencies used ►Cannot rely on 3rd party to do it correctly ►Linkage agreements ►Local Vets Rep ►National Resource Directory ►One more from list
  9. 9. New Reasonable Accommodation ProcessRationale for rejections and information regarding accommodations: ► Written reasons for each decision to reject for hire, promotion or training ►Description of accommodations • considered for rejection • provided for disabled vets selected for hire, promotion or trainingMust seek advice of applicants regarding accommodations, when applicable If undue hardship, disabled vet may cover cost of the accommodation
  10. 10. Data Collection, Analysis & RecordkeepingMust prepare quantitative measurements & comparisons for vets annually and maintain them for 5 years: ►priority referrals of vets /all referrals from ESDS ►applicant ratio: vet apps/ total applicants ►hiring ratio: vet hires / total hires ►job fill ratio of openings to filled openings Primary indicator of effectiveness—whether qualified vets hiredMust review personnel processes annually including physical and mental job qualification standardsFor “direct threat” – a statement of the reasons supporting the belief of the direct threat
  11. 11. Transparency and AccountabilityEO Clause verbatim in subcontracts & purchase orders ► Very long; impracticalRetain records for 5 yearsSend written notification of AA policies & efforts to subcontractors, including vendors & suppliers, to request compliance by themID official responsible for contractor’s affirmative action activities on ALL internal and external communications re: affirmative actionCEO must publicly & personally support contractor’s affirmative action obligationsPost notice for employees working offsite
  12. 12. Training Must hold annual meetings with employees to discuss affirmative action policies and explain responsibilities Must provide ADDITIONAL training to all personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes on ► The benefits of employing veterans ► Appropriate sensitivity toward applicants, and ► The legal responsibilities of contractor and its agents regarding veterans Must record attendance and training provider and maintain 5 years
  13. 13. Annual Report & Priority ConsiderationStill required to submit VETS 100/100A• Local employment service offices already give priority referral to protected veterans for jobs listed by a Federal contractor• OFCCP will now expect/ measure hiring from priority referrals
  14. 14. RECENT DEVELOPMENTS SPECIFIC TO HIRING VETERANSNotice of Proposed Rulemaking for Section 4212 (VEVRAA) – released April 2011• RESOURCES: For a copy of the Proposed Regulations as published in the Federal Register, go to: Proposed Regulations by OFCCP Seek to Advance Employment Protections for Veterans advance-employment-protections-for-veterans/ DirectEmployers Association Responds to OFCCP’s Proposed Regulations for Veterans This blog post includes links to the comment letters from both DirectEmployers Association and the National Association of State Workforce Agencies. View other comment letters at
  15. 15. After much discussion last year that the veteransregulations would be issued before the election, OFCCPhas still not submitted the proposed regulations to OMBfor approval.► Nevertheless, the DOL regulatory review still statesthe final Section 503 and VEVRRA regulations are to beissued in April 2013.► It is unlikely the final Section 4212 regulations willbe issued in April 2013 but may be issued before theend of FY 2013.
  16. 16. Assess Internal Readiness – Are You Prepared?• OFCCP has not traditionally given contractors much lead time to prepare when final regulations are issued  How prepared is your company to meet all the requirements as proposed in the regulations?  Is your company doing more than merely posting open positions?  What can you start to do NOW in anticipation of the final rule?• Start with an internal meeting — include HR Compliance Experts, Recruiters, Legal, Labor Relations, Supply, Training, and Health Services/Medical Departments — to begin the internal education process ASAP regarding the proposed §4212 and §503 requirements
  17. 17. §4212 Assess Internal Readiness – Are You Prepared?• Start your Gap Analysis by reviewing page 23388 of the Federal Register:
  18. 18. §503 Assess Internal Readiness – Are You Prepared?• Start your Gap Analysis by reviewing page 77082 of the Federal Register:
  19. 19. Assess Internal Readiness – Are You Prepared?• Develop a spreadsheet listing each requirement from pages 23388* and 77082* of the Federal Registers, and add these sections/columns:  Regulatory Requirements as Listed in Federal Register  Burden Description  Section of the Proposed Regulation  Similar Requirement in §4212 as in the §503 Proposed Regs (Yes or No) / Briefly Explain  Internal Assessment of Current Preparedness  Company Currently Meets Full Requirement  Company Meets Only Part of the Full Requirement (Explain)  Company’s Existing Process Does Not Meet Requirement At All  Requirements, Policies, Processes, Procedures, Training and/or Technology Needed to Close the Gap Would Include (Explain)  Solution to Meet Compliance is Easy Fix, Challenging Fix, or Not Applicable  Estimated Time, Headcount and/or Labor Hours Needed To Meet Full Requirements  Estimated Cost To Meet Full Requirements  Action Plan  Desired or Targeted Completion Date  Priority Level  Assigned To / Owner  Comments and Additional Notes*These pages of the Federal Register are a good place to start in assessing the regulatory requirements. However, be sure to assess all detailed requirements of the regulations, as these lists are not all inclusive.
  20. 20. The Compliance Team§4212 and §503 • Reviewed the regulatory changes • Identified existing state of compliance • Gap analysis • Owners • Created project proposal summaries • Projected time frame for implementationPresented findings to the HR leadership team • Summary of changes • Duplication of requirementsHeld a meeting with HR partners for review of proposed regulations • Staffing Team • Compensation Team • Training • ITProjected cost of implementation in 2013 budgetCurrent focus is on current regulations
  21. 21. Develop a Strategy to Address Gaps & Ensure PreparednessWhat low-risk actions can you begin to implement NOW?• Begin to identify veteran and disability partners and providers who can refer veterans and disabled candidates to your organization that meet the knowledge, skills, education and experience requirements for your job types:  Establish a relationship and introduce your organization  Share information about your company and job opportunities  Identify potential partner activities with each partner or provider  Develop draft linkage agreement templates based on partner services (see Pipeline) Veteran Partner Sources: Go to the Member Pipeline ( and click on Resources and then Webinars and search for the session, Veteran Outreach: Partnering at the Local Level. Click on additional resources and download the 33-page guide, Veteran Outreach and Partnership Sources, for Employers. You’ll also find a Sample Linkage Agreement with a Veteran Partner as well.
  22. 22. Develop a Strategy to Address Gaps & Ensure Preparedness What low-risk actions can you begin to implement NOW?• Identify a sound solution to meet the mandatory jobs listings requirements with the nearest employment service delivery system:  DirectEmployers offers a service called Direct Compliance
  23. 23. Develop a Strategy to Address Gaps & Ensure PreparednessWhat low-risk actions can you begin to implement NOW? Learn more about Direct Syndication See all sites in the Direct Syndication Network
  24. 24. Military Network SitesCASY/National Guard Employment Program Guard Network Spouse Corporate Career Network (DE members’ jobs will display on this site if they are active with an Milicruit event)My Next Move for Veterans – U.S. DOL/ETA Access ‘Job Outlook’ and ‘Find Jobs’NYWorks Veterans (New York State Workforce) Our Veterans Veterans (South Dakota State Cares – U.S. Dept. of Veteran Affairs /Local Veteran Employment Jobs are emailed by geographic location, consult your OFCCP ComplianceRepresentatives & Disabled Veteran Outreach Reporting Tool in your Member DesktopProgram Representatives (LVERS & DVOP’s) Jobs also appear on VetCentral search engine Veterans http://veterans.jobsVeterans Enterprise Veterans (Iowa State Workforce) http://workiniowa-veterans.jobsWorkInOregon Veterans (Oregon State Veterans (Texas State Workforce) http://workintexas-veterans.job
  25. 25. Highly Search Engine Optimized Dynamic Footprint Custom faceted Analytics Equipped Easy to add creative Social-Sharing Search Technology
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  27. 27. Develop a Strategy to Address Gaps & Ensure PreparednessWhat low-risk actions can you begin to implement NOW?• Establish an applicant referral source tracking process to identify, track and measure sources of applicants and hires:
  28. 28. Develop a Strategy to Address Gaps & Ensure PreparednessWhat low-risk actions can you begin to implement NOW?Tracking Source to Hire – DirectEmployers Can Help!How do I get started?1. Check with your ATS provider to see if they support Source Coding.2. Find out if your website partners (e.g., the various job boards where your company posts its job openings) will accept your company’s job postings through the DirectEmployers’ Feeds.3. Find out if your website partner has a DirectEmployers View Source.Guidance:1. Implement DirectEmployers Source Code with your ATS.2. Move appropriate website partners to your DirectEmployers Feed.3. Have ATS provider create individual Website Partner-Specific Source Codes for the DE partner sites (e.g. sites in the syndication network) you would like to track.4. Connect your website partners with DirectEmployers to acquire a View Source. Your DE Membership Development Specialist can help! Call 866-268-6206. ATS = Applicant Tracking System
  29. 29. Develop a Strategy to Address Gaps & Ensure Preparedness What low-risk actions can you begin to implement NOW?• Review your applicant disposition codes and definitions:  Track non-hired, but qualified veteran and disabled applicants, for potential consideration for future job opportunities• Develop a process to evaluate the physical and mental requirements of the job description for each open/posted job vacancy.• Examine your applicant tracking system (ATS) and determine how your organization might solicit, track and store both the veteran and disability status of applicants and hires, how you will disposition rejected veteran and disabled candidates with an appropriate explanation that accompanies their rejection record, how this information will be separated and shielded from recruiters/decision makers, and how privacy of confidential medical information received as part of the process will be maintained.
  30. 30. Develop a Strategy to Address Gaps & Ensure Preparedness What low-risk actions can you begin to implement NOW?• Review the required contents of affirmative action programs for §4212 in 60-250.44 and 60-300.44 and for §503 in §60-741.44, and include these requirements as part of your Gap Analysis spreadsheet to identify what is currently being done internally and what may become mandatory in the future.• Add to the Gap Analysis spreadsheet all the requirements for the reasonable accommodation process and compare your existing process against the proposed regulations:  If your current accommodation process is decentralized, consider how centralizing parts of the process may streamline and simplify the tracking and recordkeeping requirements.
  31. 31. Research Veteran Practices of Leading CompaniesWho is leading the way? What ideas might work for your company?Leading Practices on Hiring VeteransGI Jobs Top 100 Military Friendly Employers Honored for Vet-Friendly Practices Practices for Hiring Veterans with DisabilitiesNational Organization on Disability
  32. 32. Nita Beecher Jolene Jefferies© 2011 DirectEmployers Association, a nonprofit consortium of leading global employers