Effective March 24, 2014 federal contractors and subcontractors susceptible to Section 503 from the Rehabilitation Act of 1973 (“Rehabilitation Act”) or even the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”) must adhere to new affirmative action needs for people with disabilities as well as for veterans. New OFCCP rules were issued as Final Rules on September 24, 2013 to help the needs from the Rehabilitation Act and VEVRRA, which stop discrimination based on sex, race, color, religion, national origin, disability, and standing like a protected veteran. The brand new rules are targeted at supplying more job possibilities for applicants and employees who’ve disabilities or are veterans. Current federal contractors that curently have affirmative action programs may have more hours to make sure their programs have been in compliance using the new rules.
The Ultimate Rules to enhance Job Possibilities for Protected Veterans and Qualified People with Disabilities (“QIWD”) require contractors to, amongst other things:
Collect data increase quantitative comparisons on the amount of veteran and QIWD job seekers and hires
Request applicants (pre- and publish- offer) to accomplish a self-identification form (see below)
Use specific equal chance language when incorporating the EEO clause right into a subcontract
Create job opening listings in compliance with Condition and native job services
Permit the OFCCP to examine documents for compliance checks.
Additionally, contractors hiring protected veterans must elect between two techniques to establish veteran hiring benchmarks. Contractors should also establish for every job group a 7% hiring objective of qualified people with disabilities. However, the commentary that comes with the ultimate Rules clarifies that 7 % is “not a quota or perhaps a ceiling, but is really a management tool that informs decision-making and offers real accountability,” and failure to satisfy the aim “will not result in a fine, penalty, or sanction.” Small employers is going to be likely to make progress around the 7% goal across their workforce in general, instead of on the job group basis.
Federal contractors and subcontractors must give a self-identification form requesting self-disclosure of disabled status to job seekers pre and post each applicant gets to be a job offer, and also to employees every 5 years. Completing these forms is entirely voluntary.
The OFCCP makes available a Voluntary Self-Identification of Disability form for use by covered contractors in the OFCCP’s website at http://world wide web.department of labor.gov/ofccp/.