Cstmr corner1 2014-new regs_slideshare
 

Cstmr corner1 2014-new regs_slideshare

on

  • 1,871 views

Join us for our first Customer Corner in 2014 answering any pending questions you have regarding the final regulations for the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) and Section ...

Join us for our first Customer Corner in 2014 answering any pending questions you have regarding the final regulations for the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act. We will go over a timeline for compliance as well.

Statistics

Views

Total Views
1,871
Views on SlideShare
1,871
Embed Views
0

Actions

Likes
0
Downloads
85
Comments
0

0 Embeds 0

No embeds

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment
  • http://www.dol.gov/ofccp/regs/compliance/faqs/fcssfaqs.htmTotal # of audits per company: even though there is no regulatory limit, OFCCP is planning to cap each company audit at 35 for this round of CSALs (corporate scheduling announcement letters)CMCE – corporate management compliance evaluation
  • Final rule published September 24, 2013Effective date is March 24, 2014Contractor is not in violation with anything NEW due to the revised regulations if they do not implement the new items prior to March 24, 2014.
  • 5weeks to get things in order
  • Educate HR personnel and other pertinent staff on requirements of the new regulations; Make any needed changes to their IT and personnel systems and policies in preparation for complying with the new regulations as of March 24, 2014, the effective date. You need to have placeholders for disability status and the veteran categories for hires.Talk to vendors regarding ATS compliance. You need to have placeholder for disability status and veteran status.In addition, contractors must ensure full compliance with existing requirements under the old regulations such as reviewing job qualifications and making reasonable accommodations available.
  • The EEO tag line must be updated by the effective date of March 24 and displayed on all job postings.Any new purchase orders and contracts signed on or after March 24 must include the new verbiage.
  • The first AAP cycle you go through after the final rules become effective is considered to be a transitional plan. If your plan date is December 1, 2014, for example, you do not have to have the items under Subpart C in place until the December 1, 2014 so essentially you would have more than 8 months’ time after the revisions come into effect to comply. However, the OFCCP is recommending that you put those revisions into place as soon as possible. OFCCP won’t expect complete data – won’t cite for non-compliance for not having complete data. Document procedures implemented to begin collecting data.
  • The items above are the ones that can wait until next year’s AAP start date if a client has a plan start date of January 1, 2014 through March 23, 2014 Paragraph (b): Applicability of the affirmative action programnew paragraph indicating that the affirmative action program must be reviewed and updated annually “by the official designated by the contractor.” Availability of AAP: OFCCP revises the language for the final rule to state that “[t]he full affirmative action program, absent the data metrics required by § 60-741.44(k), shall be made available to any employee or applicant . . . ” (revisions emphasized). AA Policy: The purpose of this paragraph is to ensure that the statement of policy communicates to employees that support for the AAP goes to the very top of the contractor's organization. For contractors with foreign-based parent companies, it is appropriate to require the company leadership that is based in the United States to express that supportA review of the contractor’s personnel processes: A schedule for the review of all physical and mental job qualification standards and evidence that it adheres to that scheduleInformation relating to the procedures developed and implemented ensuring that employees are not harassed on the basis of disabilityA review and assessment of the contractor’s outreach and recruitment effortsIdentification of the individual assigned responsibility for the implementation of the contractor’s AAP and evidence of compliance withData collectionThe snapshot of the disability composition of the workforce, results of the utilization analysis and application of the goal; and a discussion of any problem areas identified and the actions planned to address any identified problems
  • To the extent practicable, starting on March 24, 2014, contractors:
  • QUESTION: There is going to be an additional/new “notice to applicant” required for internet-based applications where an electronic notice of employee rights and contractor obligations must part of the electronic application.  Can you tell us the language specifically that we should include?  We do not know what “notice of employee rights and contractor obligations” means. ANSWER:EEO-AA Policy provided to all employees – can be communicated in your Employee Handbook/Policy Manual, on the Intranet (if all employees have access), in training programs, during new hire orientation, and in company publications.  The U.S. senior official must indicate their support of the AAP; however, they do not need to sign the policy.  OFCCP does acknowledge that a signature is further indication of the senior official's support.Employees: Contractor must either provide employees with computers that can access the electronic posting or must have actual knowledge that the electronically posted notice is otherwise accessible to these employeesMust post for employees in a conspicuous location and format on their Intranet or send it to them by electronic mail Applicants: If the contractor uses an electronic application process, it must post an electronic notice to inform job applicants of their EEO rights. Electronic notices for applicants must be conspicuously stored with, or as part of, the electronic application
  • We recommend that it be posted both on bulletin boards AND on intranet. A response this week from OFCCP’s Policy Division indicates that the OFCCP has not yet given internal guidance on how to determine compliance with this electronic posting. When asked if a link on the application itself which would take the applicant to a spot on the contractor website would be sufficient to comply, the answer received from the OFCCP is that at this time, it will be fine but to keep in contact with OFCCP to see if they issue later guidance on this. It was recommended that the application itself have the required verbiage.§ 60-741.44 Required contents of affirmative action programs.Acceptable affirmative action programs shall contain, but not necessarily be limited to the following elements:(a) Policy statement. The contractor shall include an equal opportunity policy statement in its affirmative action program, and shall post the policy statement on company bulletin boards. The contractor must ensure that applicants and employees with disabilities are provided the notice in a form that is accessible and understandable to the individual with a disability (e.g., providing Braille or large print versions of the notice, or posting a copy of the notice at a lower height for easy viewing by a person using a wheelchair). The policy statement shall indicate the top United States executive's (such as the Chief Executive Officer or the President of the United States Division of a foreign company) support for the contractor's affirmative action program, provide for an audit and reporting system (see paragraph (h) of this section) and assign overall responsibility for the implementation of affirmative action activities required under this part (see paragraph (i) of this section). Additionally, the policy shall state, among other things that the contractor will: recruit, hire, train, and promote persons in all job titles, and ensure that all other personnel actions are administered without regard to disability; and ensure that all employment decisions are based only on valid job requirements. The policy shall state that employees and applicants shall not be subjected to harassment, intimidation, threats, coercion, or discrimination because they have engaged in or may engage in any of the following activities:(1) Filing a complaint;(2) Assisting or participating in an investigation, compliance evaluation, hearing, or any other activity related to the administration of section 503 or any other Federal, State, or local law requiring equal opportunity for individuals with disabilities;(3) Opposing any act or practice made unlawful by section 503 or its implementing regulations in this part, or any other Federal, State or local law requiring equal opportunity for individuals with disabilities; or(4) Exercising any other right protected by section 503 or its implementing regulations in this part.
  • You do not have to post the availability of your AAP on the intranet or website but you do have to post it on your bulletin board.Update annually with plan start dateRecommended that signature by top executive US official
  • QUESTION:Do existing subcontracts and purchase orders need to be amended, or do we only need to include the language in new subcontracts and purchase orders going forward?
  • QUESTION:Under the section “External Dissemination of Policy” (44f), it states that contractors must send written notification of company policy related to its affirmative action efforts to all subcontractors and request appropriate action.  AND Contractors must document that they have provided the required written notification. Is this something different than notifying subcontractors/vendors via our Purchase Orders and Contracts?ANSWER: Yes. On the OFCCP’s webinar on February 6th, they did mention that in the current regulations, this notification is a recommendation. With the new regulations, it is mandatory that this notification be sent out.
  • EEO-AA Policy sent to subcontractors – proof can be obtained by saving a copy of the letter sent with the policy and/or confirmation of receipt.  We suggest keeping a distribution list of your subs with the date that the policy was sent.QUESTION: For the required notification of our existing vendors, what type of “evidence” of our providing them with our policy information would be expected?  For example, if we email thousands of vendors, can we keep a report listing the email addresses we contacted or would the OFCCP expect us to have more documentation? ANSWER: Copies of notices, signed acknowledgementSection 60-741.44(f)External Dissemination of Policy, Outreach and Positive RecruitmentSection 60-741.44(f)(1)(ii) requires contractors to send written notification of the company's affirmative action program policies to subcontractors, vendors, and suppliers. Section 60-300.44(f)(1)(ii) of the VEVRAA final rule also requires contractors to send written notification of the company policy related to its affirmative action efforts to all subcontractors, including subcontracting vendors and suppliers.
  • This requirement can be accomplished by something like what you see here known as a Certificate of Compliance. It spells out not only the requirements under VEVRAA and Section 503 but also EO 11246, NLRB and Everify (if applicable).
  • OFCCP estimates that already approx 40% of contractors comply with writing out the correct EEO taglineAdditional cost since more verbiage to be printed (newspapers might charge by number of characters)EO Clause that would require the contractor to also state in solicitations and advertisements that it is an equal opportunity employer of individuals with disabilities. Contractors may refer to those protected by Section 503 or VEVRAA by abbreviation, but such abbreviations must be commonly understood by those seeking employment. Simply using "D" and "V" are not adequate abbreviations for this reason. For those protected by Section 503 or VEVRAA, the tagline should at a minimum state "disability" and "vet" so that the tagline will be clearly understood by jobseekers.QUESTION:What exactly needs to be posted on job advertisements to meet the new regulatory requirements?ANSWER:As an EOE/AA employer, the organization will not discriminate in its employment practices due to an applicant’s race, color, religion, sex, national origin, and veteran or disability status.
  • ESDS Employment Service Delivery System
  • Contractors will be required to provide additional identifying information to the appropriate employment service delivery system (ESDS) when listing its job openings. Specifically, the Final Rule codifies OFCCP’s longstanding policy that the contractor must provide its job listing information in a format that is permitted by the appropriate employment ESDS. This means, for example, that if the ESDS requires electronic transmission through a Web-based form, the contractor must provide its job listings in this way. If the ESDS will accept job listings electronically, by fax or by mail, then the contractor may provide its job listings in any of these formats. In addition, a contractor must indicate on its job listings that it is a federal contractor – for example by noting “VEVRAA Federal Contractor” on its listing – and its desire for priority referrals of protected veterans for its openings. The contractor must also provide the contact information for the contractor official responsible for hiring at each hiring location who can verify the information in the job listing. Contractors are allowed to use third party vendors to assist them with this posting requirement but make sure that they jobs are actually being posted for veterans registered through the local/state employment office where the position is open. The responsibility is up to the contractor to ensure that this is happening.QUESTION: How is the company contact information being provided to the state workforce agencies?  Are companies using a central Staffing email address and/or phone number for all requisitions?  Or are companies providing location specific names, email addresses and phone numbers?  How are they communicating this (e.g., a one-time notice or including with each individual posting)?ANSWER: This information is being required to ensure that the ESDS had the contact information of someone that could answer any questions the ESDS may have about the listing to ensure it is processed appropriately and was the proper recipient of priority referrals of veterans. The “contractor official” may be a chief hiring official, a Human Resources contact, a senior management contact, or any other manager for the contractor that can verify the information set forth in the job listing. The final rule requires that contractors provide this information at the time of its first job listing, and then update it for subsequent job listings only if any of the provided information has changed. This will ensure that the ESDS has the information it needs while potentially limiting the reporting burden on contractors. The NPRM also required that the contractor provide the ESDS with the contact information for any outside job search companies (such as a temporary employment agency) assisting with its hiring process, and replaced the term “state workforce agency” and “state agency” throughout the regulation with the term “employment service delivery system,” which was already a defined term in the regulation.
  • QUESTION: Do the new regsrequire training for managers, executives, and employees? (answer on next slide)QUESTION:What approaches to training on these regulations are being used?  What audience, what format, timing?  We are looking at a phased approach, starting with HR staff then looking to enhance existing training offerings (e.g., leadership classroom and virtual classes, online compliance certifications) to reach hiring managers and others involved in personnel decisions.
  • Yes. And we recommend that you go over the sections of the regulations carefully and include information such as “definition of disability”, “how to handle an accommodation request”, “what questions can be asked”, “definition of protected veteran categories”, “how to require for these demographics”, “how to build an inclusive work environment”.
  • QUESTION:Our AAPs begin on January 1 of each year.  We are currently in the process of preparing our 1/1/2014 plan. By which date are we required to:Start using the self-ID form and begin collecting applicant responses Survey our existing workforceQUESTION:Are there any changes to how we ask about veteran statuses? Are there any changes to the language we provide through VEVRAA? QUESTION:"For employers on a calendar year AAP cycle, such that the new self-identification requirements will not become effective until January 1, 2015, what are the advantages and disadvantages of implementing the new self-identification process in March of 2014 when the new regulations become effective, rather than waiting until January 1, 2015 to implement the new self-identification process? QUESTION: Are we collecting veteran status at the applicant stage and post-offer stage?Self-IDQUESTION: Also what exactly can we ask of veterans? Will they be changing then the EEO100 report?QUESTION: Do we have and if we do where are the new sample self id forms based on the changes to the vets/IWD regulations?ANSWER: Appendix B to Part 60-300—Sample Invitation to Self-Identify[Sample Invitation to Self-Identify]https://www.federalregister.gov/articles/2013/09/24/2013-21227/affirmative-action-and-nondiscrimination-obligations-of-contractors-and-subcontractors-regarding (I went to this link and got an error)
  • For the veterans self-id form information, you do NOT have to use the sample information included in the following pages which are verbatim from what the OFCCP has listed under Appendix B of the VEVRAA regulation. You can include this information at the pre-offer stage at the same time which you ask qualified applicants regarding race/ethnicity and gender. Keep in mind, however, that the invitation is required to state that the contractor is a Federal contractor required to take affirmative action to employ and advance in employment protected veterans pursuant to the Act. The invitations also must summarize the relevant portions of the Act and the contractor’s affirmative action program. Finally, it must state that the information is being requested on a voluntary basis, that it will be kept confidential, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will not be used in a manner inconsistent with the act.
  • We recommend that you add “prefer not to answer”This form can be altered.
  • Again….we recommend that you add “prefer not to answer”QUESTION:Ok to re-survey race/gender at same time as IWD status?QUESTION:I am confused if they should be re-surveying every 5 years or annually? Question: What approach is being taken for the EMPLOYEE self-id/survey requirement?  What approach (e.g., process or tool) and preparations (e.g., communications effort) is being developed to roll this out to employees?
  • QUESTION: Now that we have the IWD self-ID form, when do we have to resurvey our entire workforce if the plan date is 4/1/2014 plan date. QUESTION: Under this new regulation we are mandated to survey employees this year, and every five years going forward. However, we cannot survey people prior to March 24th.  So, is there a deadline to obtain the information?  For instance, we are getting ready to have the survey sent out to all employees on March 24th.  But, not all employees will respond to the survey on that day.  We are trying to determine a deadline for submission – is there a date that we absolutely need to have the information updated by? The survey is voluntary, so I am assuming that as long as we can prove during an audit, that we provided the opportunity to all employees to self-identify, we should be ok.  Is that correct?? QUESTIONS:Is there a requirement to have your current employees self identify every five years? The language states that you should “invite” your employees to self identify. Do companies have to do that? Can you clarify whether the OFCCP expects the information obtained from the disability survey to be used only for general reporting or are we expected to update employee’s records accordingly, even if they opt to not disclose information?Is there a recommended best practice or verbiage for collecting disability statuses from current employees beyond the document that is required to use?
  • Through the new invitation and reminder to employees to self-identify, contractors can capture data on employees who become disabled while employed, as well as those with existing disabilities who may feel more comfortable self-identifying once they have been employed for some time. It also allows contractors to monitor and improve their practices regarding placement, retention, and promotion.The OFCCP added new language to the voluntary self-identification requirements emphasizing that contractors may not compel or coerce individuals to self-identify, and that contractors must keep all self-identification information confidential.
  • QUESTION: May contractors create an electronically fillable copy of the form used to invite voluntary self-identification of disability?ANSWER:Yes, contractors may create an electronically fillable version of the form used to invite self-identification provided that form meets certain requirements. The e-form must: Display the OMB number and expiration date; Contain the text of the form without alterationUse a sans-serif font, such as Calibri or Arial; andUse at least 11-pitch for font size (with the exception of the footnote and burden statement, which must be at least 10-pitch in size).
  • Though it may seem that specifying the size and type of font is unnecessary, OFCCP is doing so to ensure the consistency of appearance, ease of reading, and accessibility of the form. By using the OMB number and date, job applicants and employees know that the form is an officially approved government form.
  • Question: The OFCCP will be focusing on how company’s provide disability assistance such as websites that are disability enabled. This would include things like for blind applicants, the website being able to read the application. Is this an accurate assessment or where do you think the OFCCP will be focusing their efforts?Question: How is the required periodic review of job qualifications, to ensure they are job-related and consistent with business necessity, being completed and documented?Question: What are you recommending to your clients regarding the requirement to review job descriptions?  Does the OFCCP expect contractors to review all of their existing job descriptions at once, or can we do it in a phased approach so that we review them as we create or post them?  If it’s all at once, and our plan date is 1/1, do we have until 1/1/2015 to complete the process? Question: Do we have to have written procedures on handling accommodation requests?
  • Review of Physical and Mental Job Qualifications. The contractor is obligated to periodically review the physical and mental qualifications of its jobs and to eliminate those qualifications that tend to screen out qualified protected veterans or other individuals on the basis of disability, and are not job-related and consistent with business necessity. The AAPs should contain a schedule for this periodic review. Changes in technology, manufacturing processes, labor agreements, and changes in the industry are a few changes that may also trigger the review. To begin to assess the contractor’s review of its physical and mental job qualifications, COs must ask or consider the following questions: When did the contractor write or last update the job descriptions? Do the job descriptions accurately reflect the duties of the job? Do the job descriptions require the employee or applicant to perform duties in a specific way? • Are there job qualifications that would tend to screen out individuals on the basis of disability or disabled veterans? • Are the contractor’s job qualifications based on business necessity? If not, are there alternative qualifications that the contractor can use? • Are there positions that do not have written job descriptions? If so, how does the contractor identify and review job qualifications? QUESTION:How are Applicant Tracking or Recruitment Management Systems being leveraged to collect the data needed to evaluate/assess/analyze outreach efforts (e.g., use of specific source codes, etc.)
  • It is not a requirement to have a written policy/procedures on handling accommodation requests, but it is a best practice.
  • Answer found in Q&AWe are getting conflicting answers regarding how to handle jobs CANCELLED. I would recommend following what the OFCCP National Office stated on a call with Peoplefluent; that jobs CANCELLED should not be counted in the analysis. However, jobs not yet filled, should be counted.
  • QUESTION:Where can we get disability information and how did they come up with the population percentage they have?
  • OFCCP established the utilization goal primarily using information taken from the disability data collected as part of the American Community Survey (ACS). The goal was on the 2009 ACS disability data for the "civilian labor force" and the "civilian population,“ The result was 5.7% but because the ACS uses a narrower definition of “disability” than Section 503 and the ADAAA, they made an adjustment when considering other factors and ended up with 7%.
  • Failure to meet a goal will not be a violation of the regulations and will not lead to a fine, penalty or sanction.Question: Where can we get the veteran statistics information needed for the benchmark?
  • The OFCCP listed on their FAQs that a contractor may establish a benchmark equal to the national percentage of veterans in the civilian labor force, and will be posted in the Benchmark Database on the OFCCP Web site (not yet available but OFCCP states that it is coming soon); or a contractor can choose to use the “5 factor assessment” for coming up with their own customized benchmark.
  • Does my company have to apply our hiring benchmark to each of our Executive Order job groups?No. Contractors may apply their hiring benchmark to each of their job groups, but the Final Rule does not require them to do so.
  • Question:How are Applicant Tracking or Recruitment Management Systems being leveraged to collect the data needed to evaluate/assess/analyze outreach efforts (e.g., use of specific source codes, etc.)
  • Julia (see if Eric or Alex want to add comments)
  • Julia
  • Criteria for Evaluation:Did the activity attract qualified applicants and disabilties?Did the activity result in the hiring of qualified individuals with disabilities?Did the activity expand company’s outreach to individuals with disabilities in the community?Did the activity increase the company’s capacity/capability to include individuals with disabilties in the workforce?
  • Eric
  • QUESTION: Will we be able to hide pre-offer disability status information in Peoplefluent ATS so that only certain – non-hiring/recruiting roles – can view the information?

Cstmr corner1 2014-new regs_slideshare Cstmr corner1 2014-new regs_slideshare Presentation Transcript

  • Customer Corner #1-2014 VEVRAA and Section 503 of the Rehab. Act Alex Gonzalez Julia Méndez Eric Edwards February 2014 © 2014 Peoplefluent WCAD Final Regs Review│1
  • FYI – First Batch of CSALs Sent • • • • • Total establishments on this round: 2,193 # of companies: 856 # of industries: 17 based on 2-digit NAICS code # of CMCEs: 40 Limited the number of compliance evaluations to no more than 35 for each corporate parent • Each district office was assigned no more than one CMCE and one College/University evaluation © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│2
  • EFFECTIVE DATES © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│3
  • Timeline Today March 24, 2014 September 24, 2013 1st AAP Cycle on or after March 24, 2014 © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│4
  • Today © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│5
  • Things to Do Now Until March 24 • Educate HR personnel and other pertinent staff on requirements of the new regulations • Make needed changes to IT and personnel systems and policies in preparation for complying with the new regulations as of March 24, 2014, the effective date • Talk to vendors regarding ATS compliance © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│6
  • Things to Do Now Until March 24 • Update EEO tag line • Update purchase orders and contract verbiage © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│7
  • © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│8
  • Subpart C • Applicability of the affirmative action program requirement • Availability of affirmative action program • Invitation to self-identify • Affirmative action policy • Required contents of affirmative action programs • Benchmarks/Utilization for hiring © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│9
  • First AAP Cycle After March 24, 2014 (Transitional AAP) © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│10
  • Transitional AAP • Update EEO/AA Policy statement on bulletin board • Review language on website (accommodations and EEO/AA policy) • Use new self-id forms (pre and post offer) • Conduct initial self-identification survey of IWD © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│11
  • Transitional AAP • Assess/document effectiveness of outreach and recruitment efforts • Conduct data analysis related to applicants and hires • Conduct annual workforce assessment and apply the 7% goal to each job group for IWD & 8% for veterans • Develop action plans for resolving problems identified in utilization of individuals with disabilities © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│12
  • Questions EMPLOYEE/APPLICANT NOTICE © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│13
  • EEO Rights • Must indicate top US executive support for AAP • EEO policy (recruit, hire, train, promote without regard to disability, veteran status) • Non-harassment © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│14
  • Availability of AAP The full affirmative action program, absent the data metrics required by VEVRAA & Section 503, shall be available to any employee or applicant for employment for inspection upon request. The location and hours during which the program may be obtained shall be posted at each establishment. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│15
  • Questions NOTICE TO SUBCONTRACTORS © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│16
  • Notice to Subcontractors Every vendor/supplier/service provider which is paid $10,000 or more in a 12 month period must receive notice of their potential responsibilities as a subcontractor each time you enter into that agreement/contract. • Purchase order • Contract • Certificate of Compliance © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│17
  • External Dissemination - 41 CFR 60-300.44(f)(5) and 41 CFR 60-741.44(f)(5) • Contractors must send written notification of company policy related to its affirmative action efforts to all subcontractors and request appropriate action • Not required to follow-up with getting notice back from vendor • Must keep proof that information was sent out to vendors © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│18
  • © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│19
  • QUESTION As an EOE/AA employer, the JOB ADVERTISEMENTS organization will not discriminate in its employment practices due to an applicant’s race, color, religion, sex, national origin, and veteran or disability status. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│20
  • JOB POSTINGS WITH ESDS © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│21
  • Mandatory Job Listing Requirement • Contractor must provide its job listing information in a format that is permitted by ESDS • Indicate on job listings that it is a federal contractor and its desire for priority referrals of protected veterans for its openings • Provide contact information for the contractor official responsible for hiring at each hiring location who can verify the information in the job listing © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│22
  • Miscellaneous Training © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│23
  • Training Under 60-741.44 (j) and 60-300.44(j) it does require training for “all personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes” © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│24
  • SELF-ID © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│25
  • Veterans Pre-Offer (page 1) Must contain definitions of veterans. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│26
  • Pre-Offer (page 2) Recommend adding “Prefer not to answer” © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│27
  • Post Offer (page 1) Must contain definitions of veterans. Keep track of discharge date Recommend adding “prefer not to answer” and some contractors would want to add a “veteran but not covered under above © 2012 Peoplefluent diversity purposes definitions” for © 2014 Peoplefluent WCAD Final Regs Review│28
  • http://www.dol.gov/ofccp/ © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│29
  • Self-ID for IWD • Regularly invite all employees to voluntarily selfidentify as an individual with a disability using the self-identification form OFCCP provides. • Contractors must invite their employees to selfidentify every 5 years, beginning the first year that they become subject to the Section 503 voluntary self-identification requirements. • At least once during the years between these invitations, contractors must remind their employees that they may voluntarily update their disability status at any time. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│30
  • Self-Id for IWD © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│31
  • Self-Id for IWD (part 2) © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│32
  • Self-Id IWD (Part 3) © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│33
  • Electronically Fillable Version • The e-form must: • Display the OMB number and expiration date; • Contain the text of the form without alteration • Use a sans-serif font, such as Calibri or Arial; and • Use at least 11-pitch for font size (with the exception of the footnote and burden statement, which must be at least 10-pitch in size). © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│34
  • ACCOMMODATIONS AND JOB REQUIREMENT REVIEW © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│35
  • Review of Physical and Mental Qualifications • Are the contractor’s job qualifications based on business necessity? • Are there positions that do not have written job descriptions? • Are there job qualifications that would tend to screen out individuals on the basis of disability or disabled veterans? © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│36
  • Best Practice for Handling Accommodation Requests • Designation of responsible official • Description of process • Form of requests for reasonable accommodation • Submission of reasonable accommodation request • Recurring requests for accommodation • Supporting medical documentation • Written confirmation of receipt of request • Timeframe for processing request • Delay in responding to request © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│37
  • Handling Accommodation Request (cont.) • Reasonable accommodation request by applicant • Denial of request • Confidentiality • Dissemination of procedures to employees • Training © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│38
  • METRICS © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│39
  • Data Collection Analysis • Job openings refers to the number of individual positions advertised as open in a job vacancy announcement or requisition. • For example, if one job vacancy announcement or requisition includes 5 open positions and results in 4 hires, the contractor would document this as 5 job openings and 4 jobs filled. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│40
  • Definition of “Jobs Filled” and “Hired” • Jobs "filled" refers to all jobs the company filled by any means, be it through a competitive process or non-competitively, e.g., through reassignment or merit promotion. • Both new hires and employees placed into new positions via promotions, transfers, and reassignments. • “Hired" refers solely to those applicants (both internal and external to the contractor) who are hired through a competitive process, including promotions. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│41
  • Section 503 • You have to use the national 7 percent utilization goal and apply it to the same job groups that you created for your EO 11246 AAP. • If you are a contractor with a total workforce of 100 or fewer employees, you may apply the goal to your workforce as a whole. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│42
  • Section 503/VEVRAA • Failure to meet a disability goal will not be a violation of the regulations • Failure to meet the goal does not constitute either a finding or admission of discrimination. • Contractor must take steps to determine whether and where impediments to EEO exist by assessing: • existing personnel processes, • effectiveness of its outreach and recruitment efforts • results of AAP audit, and any other areas that might affect the success of the AAP • Create action-oriented programs © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│43
  • Bureau of Labor Statistics • Veterans are defined as men and women who have previously served on active duty in the U.S. Armed Forces and who were civilians at the time of the survey. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│44
  • Benchmark for Veterans • Contractors who are required to develop a written (AAP) ($100,000 contract) must establish a hiring benchmark for protected veterans each year. • Tool to help contractors assess the effectiveness of their efforts to recruit and employ protected veterans. • Contractors must maintain records related to their benchmark for three years, allowing them to assess the success of their outreach and recruitment efforts for veterans over time. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│45
  • Hiring Benchmark for Protected Veterans • Establish a hiring benchmark each year • Hiring benchmark established in one of two ways: • Establish a benchmark equal to the national % (currently 8%) of veterans in the civilian labor force • Establish its own benchmark by taking into account 5 factors • Maintain records related to benchmark for 3 years © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│46
  • Factors for Developing Benchmark 1. Average % of veterans in 3. Applicant and hiring ratios the civilian labor force in for the previous year the state where the 4. Contractor’s recent contractor is located over assessments of the the preceding 3 years effectiveness of its 2. # of veterans, over the outreach and recruitment previous 4 quarters, who efforts participated in the 5. Any other factors, such as employment service the nature of the job or its delivery system in the state location, that would affect where the contractor is the availability of qualified located protected veterans © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│47
  • Sample Applicant Flow Log Name Race Sex IWD Veteran Date of App. John Doe White M Y Y 1/1/14 CNA Angela Source Hispanic F Applied Y Rodriguez Job Title Step/ Disposition Hired N Hired Hired from 1/3/14 Hospital Veterans IWD Admin. Source HireVets 20 1 1 1 Texas Workforce Commission 300 20 3 Source HireVets Texas Workforce Commission 7 Job Group Total Hired IWD Veterans Hire Vets TWC Exec 5 1 0 0 0 Professionals 25 2 4 1 3 © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│48
  • ASSESSMENT OF OUTREACH, RECRUITMENT AND COMPLIANCE WITH SECTION 503 © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│49
  • Good Faith Efforts • Assessment of outreach and recruitment efforts contractor must show that they are thinking critically about their efforts. The AAP should identify: • • • • the list of outreach efforts/sources criteria used in the assessment evaluation of each effort and conclusion of effectiveness alternative efforts if efforts are not effective. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│50
  • Sample Assessment of Outreach/Recruitment Outreach/Recruitm ent Activity Date of Activity Description Evaluation Outreach event with Texas Workforce Commission (Veterans) 2/1/2014 Job fair in Dallas areas for Veterans registered through TWC Will monitor number of total applicants; veteran applicants; and hires. XYZ College (Office of Disabilities Services) 2/10/14 Spoke with Mark Jones, College rep over ODS) regarding partnership to refer student IWD Mr. Jones indicated that at this time the college does not have a way to easily refer students. We will reach out to other local colleges. TAP Program Veterans 2/15/14 We have a meeting set up on 3/20/14 to speak 2012 Peoplefluent in©front of veterans during TAP workshop regarding job openings. Will monitor # of total applicants and hires. © 2014 Peoplefluent WCAD Final Regs Review│51
  • Sample Self-Audit Table AAP Component AAP Requirement Compliance (Y/N) and Follow up action (if date last reviewed necessary) Policy statement Posted on bulletin board Yes (2/5/14) Posted on intranet No 3/20/14 (J. Doe will post) No 3/20/14 (J. Doe will post) Posted on electronic app Updated form with CEO name, date and signature Yes (2/11/14); will begin using 3/20/14 No Review of EEO tagline (updated) © 2014 Peoplefluent PO and contract verbiage updated Certificate of Compliance sent to subcontractors External Dissemination Yes (2/5/14) Yes (2/10/14) 1/1/15 is scheduled to go out by HR © 2012 Peoplefluent WCAD Final Regs Review│52
  • ATS © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│53
  • RMS Execution  March 24 – Updated Equal Opportunity Clause for All Job Advertisements  Applies to RMS Career Sites and Job Post Aggregators  Based on AAP Year – Fully Automated Self Identification of Veterans & Disability Status     Scale – All candidate invitations are automated no matter how the candidate applies Reliable – Extra investment made in new questionnaire trigger so recruiters cannot break process New career site self-identification forms New standard self-identification questionnaires can be sent from the workflow  Data Retention and Standard Reports  New standard fields for simplified reporting, process audit, and data extracts  New standard report satisfy specific OFCCP measures  Built with the understanding there is a 3 year recordkeeping & analysis requirement © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│54
  • DISCLAIMER: This information provided in this presentation is for educational and information purposes only. It do not constitute legal advice or legal opinions. Peoplefluent make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained herein. Nothing that is provided in this presentation should be used as a substitute for the advice of legal counsel. Thank You! © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│55