Welcome to Gerstco s Spring Webinar Series. Action-Planning Affirmative Action Programs Individuals with Disabilities & Protected Veterans

Transcription

1 Welcome to Gerstco s Spring Webinar Series Action-Planning Affirmative Action Programs Individuals with Disabilities & Protected Veterans This Webinar starts at 11 a.m. Pacific Standard Time. Please send us questions during the presentation, using the chat screen in WebEx. To access the audio, please dial Use access code #. Thank You Gerstco, Inc Questions Anytime Use Chat Screen in WebEx 1

2 Action-Planning Affirmative Action Programs Individuals with Disabilities & Protected Veterans Gerstco, Inc

3 Agenda Welcome & Introduction Protected Veterans (VEVRAA) Individuals with Disabilities (Section 503) Gerstco, Inc. Resources Questions and Discussion (All) Gerstco, Inc

4 Final Rule Schedule The Rehabilitation Act of 1973 & The Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA): Final Rules Released August 27, 2013 Rules Published in Federal Register September 24, 2013 Both Final Rules Effective March 24, Subpart A All Contractors March 24, Subpart C Contractor AAP Date After March 24, 2014 Gerstco, Inc

5 Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA) Protected Veterans Tony Perkins, VP/GM Gerstco, Inc

6 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART A POSTINGS & NOTICES Preliminary Matters, Equal Opportunity Clause EO Clause included in each covered Government contract and subcontract (modifications, renewals, extensions). States the rights of applicants and employees who are protected veterans and the contractor s obligations in the law to employ and advance in employment, qualified, Protected Veterans. EO Clause included in subcontract or March 24, 2014 Purchase order in excess of $100,000. Citing the full EO Clause not required. May have one EO Clause for both Protected Veterans and Individuals with Disabilities language. EO Clause language must be in bold text. (Ref: EO Clause - next page.) - Revise contract EO Clause language per reg s. - Provide information to Legal/Procurement. - Verify revisions made to subcontract terms and conditions - Document implementation. Responsibility: March

7 Individuals with Disabilities and Protected Veterans Equal Opportunity Clause Revision This contract is subject to the provisions of (i) Executive Order 11246, (41 CFR ); (ii) section 503 of the Rehabilitation Act of 1973, (41 CFR (a); and (iii) section 4212 of the Vietnam Era Veterans Readjustment Act of 1974, (41 CFR (a). This contractor and subcontractor shall abide by the requirements of 41 CFR (a) and 41 CFR (a). These regulations prohibit discrimination against qualified individuals on the basis of disability, and qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities, and qualified protected veterans. March

8 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART A POSTINGS & NOTICES Mandatory Job Listing Contractor agrees to list all employment openings with the appropriate employment service delivery system (ESDS) in each state where the job is located, and provide job information in a manner and format permitted by the ESDS. Additional information regarding the Company s federal contractor status, and all (State) hiring locations and the hiring officials, must be provided and updated annually. List all open external positions (that are not March 24, 2014 exempt from this requirement) with the ESDS at the same time they are listed with other outside recruitment sources. Identify company as a Federal contractor and request priority referrals for Veterans - Gather data on hiring locations and hiring official contact information for each State. - Revise job posting process to include all additional information required. - Audit revised processes. - Documentation. Responsibility: March

9 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART A POSTINGS & NOTICES Notice of Employee Rights Posting Contractor posts Notice of Applicant Rights regarding individual rights, and employer obligations under VEVRAA. Notice must be posted in conspicuous March 24, 2014 places and available and accessible to all employees and applicants, including remote workers. Notice must be in an accessible format and understandable by disabled veterans. OFCCP to provide this Notice. - Identify locations for posting. - Determine process for electronic postings. - Obtain OFCCP Notice. - Implement posting. - Documentation. Responsibility: March

10 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART A POSTINGS & NOTICES Solicitations, Ads, Job Postings Contractors must state appropriate language in job solicitations, announcements, and ad language, regarding equal opportunity. Sample Notice: All qualified applicants will receive March 24, 2014 consideration for employment without regard to race, sex, color, religion, national origin, protected veteran status, or on the basis of disability. - Update website, Career Section. - Draft tag line for job advertisements. - Revise job posting process to include tag line. - Document implementation. Responsibility: March

11 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM Applicability of AAP Requirements Federal contractor and subcontractor threshold to prepare and maintain an affirmative an affirmative action plan for Protected Veterans: employs 50 or more, employees and a covered contract of $100,000 or more. Contractor must prepare and maintain an affirmative action plan within 120 days of the Contract start date and update annually. - Determine coverage for AAP requirements. - Develop/update AAP AAP Effective Date Responsibility: March

12 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM AAP Effective Date Availability of the AAP The full AAP (minus data metrics) is available to applicants and employees applicants, upon request. Post the location of the AAP and the hours to view it, at each establishment. - Draft notice regarding AAP availability - Establish posting methods, locations. - Post notice. - Document implementation. Responsibility: March

13 SUBPART C AFFIRMATIVE ACTION PROGRAM Invitation to Self-Identify SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Status/ Regulation / Subject Details / Implementation Action Date Contractor shall invite applicants Self-Identification offered the same (Pre and Post-Offer) to self-identify as time as E.O requirements Begin on AAP Date Protected Veterans. for minorities and females Internet Applicant Guidelines. Acceptable form provided in Appendix B of new regulations. Specific self-identification language is not required by OFCCP. Two different forms are required: (1) Pre-Offer, (2) Post Offer. - Develop forms for pre-offer self-id processes. - Revise applicant tracking and HRIS systems. - Include forms in pre-offer and post-offer self-id processes. - Establish data gathering process. - Establish data retention process. - Document. Responsibility: March

14 Voluntary Self-Identification Pre-Offer Protected Veterans Name: Position applied for: Last First M.I. Date To: Applicants for employment 1. This company is a Government contractor subject to the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended by the Jobs for Veterans Act of 2002, 38 U.S.C (VEVRAA), which requires Government contractors to take affirmative action to employ and advance in employment: (1) disabled veterans; (2) recently separated veterans; (3) active duty wartime or campaign badge veterans; and (4) Armed Forces service medal veterans. These classifications are defined as follows: A disabled veteran is one of the following: o a veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs; or o a person who was discharged or released from active duty because of a serviceconnected disability. A recently separated veteran means any veteran during the three-year period beginning on the date of such veteran s discharge or release from active duty in the U.S. military, ground, naval, or air service. An active duty wartime or campaign badge veteran means a veteran who served on active duty in the U.S. military, ground, naval, or air service during a war, or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense. An Armed Forces service medal veteran means a veteran who, while serving on active duty in the U.S. military, ground, naval, or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order Protected veterans may have additional rights under USERRA the Uniformed Services Employment and Reemployment Rights Act. In particular, if you were absent from employment to perform service in the uniformed service, you may be entitled to be reemployed by your employer in the position you would have obtained with reasonable certainty if not for the absence due to service. For more information, call the U.S. Department of Labor s Veterans Employment and Training Service (VETS), toll free, at USA-DOL. 2. If you believe you belong to any of the categories of protected veterans listed above, please indicate by checking the appropriate box below. As a Government contractor subject to VEVRAA, we request this information in order to measure the effectiveness of the outreach and positive recruitment efforts we undertake pursuant to VEVRAA. [ ] I IDENTITFY AS ONE OR MORE OF THE CLASSIFICATIONS OF PROTECTED VETERANS LISTED ABOVE. [ ] I AM NOT A PROTECTED VETERAN. 3. Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information provided will be used only in ways that are not inconsistent with the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended. 4. The information you submit will be kept confidential, except that (i) supervisors and managers may be informed regarding restrictions on the work or duties of disabled veterans, and regarding necessary 14

15 Voluntary Self-Identification Pre-Offer Protected Veterans accommodations; (ii) first aid and safety personnel may be informed, when and to the extent appropriate, if you have a condition that might require emergency treatment; and (iii) Government officials engaged in enforcing laws administered by the Office of Federal Contract Compliance Programs, or enforcing the Americans with Disabilities Act, may be informed. 5. (Company Name) has prepared an Affirmative Action Program to implement the affirmative action provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended. It is our policy to base all employment decisions on the principles of equal employment opportunity, and to take affirmative to employ and advance in employment protected veterans. The company will ensure that its human resources programs are administered without regard to an individual s status as a protected veteran, and that employment decisions are based on valid job requirements. As appropriate the Company will make a reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled veteran unless we can show that the accommodation would impose an undue hardship on the operation of our business. We will also ensure that employees and applicants will not be subjected to harassment of any kind because of their status as a protected veteran. Information on the Veterans Affirmative Action Program is available for review by employees and applicants in the office of our EEO Official, (Name, Title), during our regular business hours of 9:00 a.m. to 5:00 p.m. Revised by Gerstco, Inc., September Page 2 of 2

16 Voluntary Self-Identification Post-Offer Protected Veterans Name: Position hired into: Last First M.I. Date To: Employees 1. This company is a Government contractor subject to the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended by the Jobs for Veterans Act of 2002, 38 U.S.C (VEVRAA), which requires Government contractors to take affirmative action to employ and advance in employment: (1) disabled veterans; (2) recently separated veterans; (3) active duty wartime or campaign badge veterans; and (4) Armed Forces service medal veterans. These classifications are defined as follows: A disabled veteran is one of the following: o a veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs; or o a person who was discharged or released from active duty because of a serviceconnected disability. A recently separated veteran means any veteran during the three-year period beginning on the date of such veteran s discharge or release from active duty in the U.S. military, ground, naval, or air service. (Date of discharge: ). An active duty wartime or campaign badge veteran means a veteran who served on active duty in the U.S. military, ground, naval, or air service during a war, or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense. An Armed Forces service medal veteran means a veteran who, while serving on active duty in the U.S. military, ground, naval, or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order Protected veterans may have additional rights under USERRA the Uniformed Services Employment and Reemployment Rights Act. In particular, if you were absent from employment to perform service in the uniformed service, you may be entitled to be reemployed by your employer in the position you would have obtained with reasonable certainty if not for the absence due to service. For more information, call the U.S. Department of Labor s Veterans Employment and Training Service (VETS), toll free, at USA-DOL. 2. As a Government contractor subject to VEVRAA, we are required to submit a report to the United States Department of Labor each year identifying the number of our employees belonging to each specified protected veteran category. If you believe you belong to any of the categories of protected veterans listed above, please indicate by checking the appropriate box below. [ ] DISABLED VETERAN [ ] RECENTLY SEPARATED VETERAN [ ] ACTIVE WARTIME OR CAMPAIGN BADGE VETERAN [ ] ARMED FORCES SERVICE MEDAL VETERAN 16

17 Voluntary Self-Identification Post-Offer Protected Veterans [ ] I am a protected veteran, but I choose not to self-identify the classifications to which I belong. [ ] I am NOT a protected veteran. If you are a disabled veteran it would assist us if you tell us whether there are accommodations we could make that would enable you to perform the essential functions of the job, including special equipment, changes in the physical layout of the job, changes in the way the job is customarily performed, provision of personal assistance services or other accommodations for your disability. 3. Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information provided will be used only in ways that are not inconsistent with the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended. 4. The information you submit will be kept confidential, except that (i) supervisors and managers may be informed regarding restrictions on the work or duties of disabled veterans, and regarding necessary accommodations; (ii) first aid and safety personnel may be informed, when and to the extent appropriate, if you have a condition that might require emergency treatment; and (iii) Government officials engaged in enforcing laws administered by the Office of Federal Contract Compliance Programs, or enforcing the Americans with Disabilities Act, may be informed. 5. (Company Name) has prepared an Affirmative Action Program to implement the affirmative action provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended. It is our policy to base all employment decisions on the principles of equal employment opportunity, and to take affirmative to employ and advance in employment protected veterans. The company will ensure that its human resources programs are administered without regard to an individual s status as a protected veteran, and that employment decisions are based on valid job requirements. As appropriate the Company will make a reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled veteran unless we can show that the accommodation would impose an undue hardship on the operation of our business. We will also ensure that employees and applicants will not be subjected to harassment of any kind because of their status as a protected veteran. Information on the Veterans Affirmative Action Program is available for review by employees and applicants in the office of our EEO Official, (Name, Title), during our regular business hours of 9:00 a.m. to 5:00 p.m. Revised by Gerstco, Inc., September Page 2 of 2

18 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (a) Policy Statement REGARDING PROTECTED VETERANS EO AAP policy statement included EO AAP policy statement posted on AAP Effective Date in the AAP. Executive Level support company bulletin boards and statement included. Policy covers communicated internally and externally all employment actions, provides to employees, applicants, vendors, for reasonable job accommodation and suppliers. Notice must be request, identifies company Official accessible and understandable responsible for the Protected to disabled veterans. Veterans Affirmative Action Program. - Draft/revise policy statement, including an indication of executive management support. - Establish posting methods, locations. - Post notice. - Documentation. Responsibility: March

19 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (b) Review of Personnel Processes Contractor personnel processes provide Personnel processes should be reviewed on AAP Effective Date for the careful, thorough, systematic a periodic basis and the results stated in the AAP. consideration of job qualifications of applicants and employees who are - When a Veteran is considered for an open known veterans, for job vacancies position, consider only that part of the military filled through hiring and promotions, and record relevant to the opportunity. for all training opportunities available. - Ensure personnel procedures do not stereotype protected veterans to limit their access to jobs for which they are qualified. - When updating personnel process, consider the impact on protected veterans. - Identify last reviewed process; schedule next review. - Document process. Responsible: March

20 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (c) REGARDING PROTECTED VETERANS Review of Physical and Mental Qualifications Contractors must periodically review all physical and mental job qualifications to ensure that they are job-related for the position in question and consistent with business necessity. Contractors have the burden to demonstrate that their mental and physical qualifications are job-related to the basic functions of the job. - All open positions should be reviewed for the basic functions of the job, before advertised. AAP Effective Date - Basic job functions should be part of the job specifications advertised. - Review dates of physical and mental job qualification standards stated in the AAP. - Document review process in the AAP. March

21 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (d) Reasonable Accommodation to Physical and Mental Limitations REGARDING PROTECTED VETERANS Contractor should engage in an A Contractor s reasonable accommodation AAP Effective Date interactive process with disabled process is communicated to employees and veterans to help identify a applicants in posted notices and current EO reasonable accommodation to Policy. Supervisors and managers received the basic functions of a job. training on company job accommodation policies and processes. - Develop/review reasonable accommodations policy and procedures. - Disseminate policy. - Develop/provide training - Document process. Responsibility: March

22 SAMPLE Requesting Workplace Accommodations for Individuals with Disabilities 1. POLICY Company Name values diversity and is committed to provide equal employment opportunities to all qualified employees and applicants, including those with disabilities. The Company follows all state and federal laws and regulations, including the California Fair Employment and Housing Act (CFEHA), the Americans with Disabilities Act of 1990 (ADA) and Section 503 of the Rehabilitation Act of Disability is defined as any physical or mental impairment that limits one or more of an individual s major life activities (e.g., caring for oneself, walking, seeing, hearing, speaking, breathing, learning, sitting, standing). To ensure equality of access for employees and applicants with disabilities, the Company will provide reasonable accommodations to enable the individual to perform the essential functions of his/her job. 2. IMPLEMENTATION AND RESPONSIBILITY a. Employees and Applicants are responsible for initiating requests for any desired disability related accommodations. b. Supervisors are responsible for receiving requests for workplace accommodations, informing employees of the process and referring requests to the appropriate human resources manager. Supervisors are responsible for initiating a discussion concerning accommodations when they have reason to believe an employee s disability precludes the employee from initiating a request. Supervisors shall inform the appropriate human resources manager of all requests and accommodations from employees and applicants. c. Human Resources Staff is responsible for evaluating the request, determining what type of documentation is necessary, and determining if the requested accommodation is appropriate and effective. 3. PROCESS - RECOMMENDED STEPS a. Request: The employee or applicant is responsible for requesting an accommodation for his/her disability. The request shall be made to either the individual s supervisor, local human resources manager, or recruiter. Requests can be verbal or in writing and include: 1. Name, telephone number and address 2. Department 3. Supervisor 4. Physical or mental condition and its duration 5. Nature of request 6. Brief explanation of how the requested accommodation will enable the employee to perform the essential functions of his/her job. b. Discussion & Interactive Process: When received, the supervisor or human resources manager will meet with the individual to acknowledge the request and explain the process. The manager or human resources manager will also meet with the individual as necessary, to discuss the request and accommodation alternatives. This is meant to be interactive. c. Documenting the Disability: The company official evaluating the requested accommodation will determine what type of documentation is necessary to verify the disability. This may vary depending on the nature and extent of the disability and the accommodation requested. It is the individual s responsibility to provide the requested documentation on his/her disability. 22

23 The request for an accommodation can be evaluated once the individual submits all documentation to the company, human resources manager and/or the supervisor. d. Evaluation: Appropriate accommodation options are determined following an individualized assessment of each request. The manager or HR will consider the needs and requests for reasonable accommodation to determine whether the necessary equipment or services exist in a different department or unit before investing in new equipment or additional services. Among the factors considered in determining reasonable accommodations for employees are: (1) What is the extent of the individual s physical or mental condition and how does it affect his/her needs in the workplace setting? (2) Does the individual s physical or mental condition limit one or more major life activities? (3) Will the requested accommodation allow the individual to perform the essential job functions effectively? (4) Will the requested accommodation alter or remove an essential function of the job? (5) What impact will the requested accommodation or modification have on the department or unit? The Company is not required to provide an accommodation that will eliminate an essential function of the job in question or to provide an accommodation or service that is personal in nature, such as a hearing aid or wheelchair. Furthermore, the Company is not required to lower performance, production or conduct standards, or alter attendance requirements expected of employees. e. Notification: The company official evaluating the request for an accommodation shall provide the individual with written notification of the determination within 15 calendar days of receiving the completed request (including the requested documentation). If the determination includes an accommodation, the notice will also include the expected implementation date. If the company official needs additional time to assess a request or to provide an accommodation, he/she shall provide the individual with written notification of the status of the request and a proposed date of determination. 4. RESOLVING DISAGREEMENTS In the event an individual disagrees with the determination and/or proposed accommodation, he/she may contact the Name / Title /phone number / address, for assistance in resolving the issue. 5. CONFIDENTIALITY AND RECORDS All company managers and HR, have a legal obligation to maintain confidentiality regarding an individual s disability-related information. To that end, Supervisors and local human resources managers shall provide information to others only when necessary to facilitate accommodations. 23

24 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (e) Harassment REGARDING PROTECTED VETERANS Contractor AAP states a policy or Harassment policy / practice AAP Effective Date practice is in place to ensure communicated to employees. Employees are not harassed because Managers and supervisors informed/ of veteran status or disability status. trained on policy or practice. - Develop/review workplace harassment policy. - Disseminate policy. - Develop/provide training. - Document training and dissemination. Responsibility: March

25 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (f) Outreach and Positive Recruitment Contractor AAP states commitment Contractor develops a process to (a) AAP Effective Date to undertaking appropriate outreach document outreach, positive recruitment and positive recruitment for Protected actions, (b) assess outreach and recruitment Veterans. actions, and (c) maintain documentation for three (3) years. - Identify outreach resources, programs. - Select organizations; schedule activities. - Document contacts, activities, results. - Develop assessment of outreach and recruitment activities. Responsibility: March

26 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM REGARDING PROTECTED VETERANS (f) Outreach and Positive Recruitment Contractor to notify subcontractors Notify subcontractors of nondiscrimination AAP Effective Date in writing of company affirmative action and affirmative action obligations, including policy and based on their subcontractor the requirement to have a written AAP, and affirmative action programs and provide. filing and reporting requirements. equal employment opportunity to applicants and employees. - Identify subcontractors to receive notices. - Draft notice. - Schedule/send out notices. - Documentation. Responsibility: March

27 March 24, 2014 TO: ALL SUPPLIERS OF GOODS AND SERVICE Company Name is a federal government contractor and, as such, is subject to the requirements of Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1974; and, the Jobs for Veterans Act of 2003 (JVA). Pursuant to these requirements, our suppliers, contractors and subcontractors are obligated to take affirmative action and to provide equal employment opportunity to applicants and employees, without regard to race, color, religion, sex, national origin, disability or veteran status. Those obligations include compliance with one or more of the following: Equal Opportunity Clause. Suppliers, contractors and subcontractors with contracts exceeding $10,000 (Executive Order 11246/Section 503), or $100,000 (VEVRAA/JVA) in any 12-month period are required to include the Equal Opportunity Clause in each of its nonexempt contracts. VETS-100 Report. Suppliers, contractors, and subcontractors with contracts of $100,000 or more in any 12-month period, entered into on or before December 1, 2003 are required to complete and file on an annual basis a VETS-100 report with the U.S. Department of Labor, Office of Veterans Employment and Training. Vets-100A Report. Suppliers, contractors and subcontractors with contracts of $100,000 or more in any 12-month period entered into or modified on or after December 1, 2003 are required to complete and file on an annual basis a VETS-100A report with the U.S. Department of Labor, Office of Veterans Employment and Training. EEO-1 Report. Suppliers, contractors or subcontractors with 50 or more employees, and contracts, subcontracts or purchase orders amounting to $50,000 or more, must file an EEO-1 Report (Standard Form 100) on an annual basis with EEOC s EEO-1 Joint Reporting Committee. Affirmative Action Plan. Suppliers, service contractors and subcontractors with 50 or more employees and at least one covered contract for $50,000 or more (Executive Order 11246/Section 503), or 50 or more employees and a covered contract for $100,000 or more (VEVRAA/JVA) are required to prepare a written Affirmative Action Plan for each of its covered establishments. We thank you for your support. Sincerely, Company Name Revised 12/16/

28 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (g) Internal Dissemination of Policy Contractor AAP confirms procedures for Contractor makes the EO Policy AAP Effective Date internal communication of its policies available to employees, includes and procedures for affirmative action it in management training, and for protected veterans. includes protected veterans in company publications. - Identify /review programs, procedures, and methodologies for dissemination of company EEO/AAP policies to employees. - Review/revise messaging content and process. - Document policy dissemination program and processes. Responsibility: March

29 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (h) Audit and Reporting REGARDING PROTECTED VETERANS Contractor AAP states that an audit and Audit system measures the effectiveness AAP Effective Date reporting system has been designed and of outreach, positive recruitment, applicant, is implemented to measure the hire results, utilization of protected effectiveness of its Affirmative veterans in the workforce. Action Program. - Establish system for reviewing the AAP programs and activities. - Establish review schedule. - Develop self-audit report. - Documentation. Responsibility: March

30 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (i) Responsibility for Implementation An official of the Contractor has been Identify responsible company official; AAP Effective Date assigned responsibility for implementation provide Executive level support of the Affirmative Action Program. statement for the program. - Identify /position/person responsible for AAP implementation. - Identify duties and responsibilities. - Include information in policy statement, dissemination activities. Responsibility: March

31 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING PROTECTED VETERANS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (j) Training Contractor AAP states commitment Contractor implements a training AAP Effective Date to provide training regarding the program for all personnel involved in implementation of its affirmative the employment recruitment, selection, action program for Protected and management processes. Veterans. - Identify AA policy and program information that impacts employment selection processes. - Identify stakeholders in the employment. - selection processes. - Develop training and other programs to educate stakeholders. - Schedule/deliver training. Document. Responsibility: March

32 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (k) Data Collection Analysis REGARDING PROTECTED VETERANS OFCCP intends to measure workforce demographic changes from year to year regarding Protected Veterans employment by AAP establishment. Complete and accurate documentation and recordkeeping for: applicants, hires, outreach and recruitment activities, will be the basis for compliance for protected veterans. Data elements to gather and maintain for 3 years include: position applied for, date, search criteria resumes of job seekers with basic qualifications. - Define processes for employment selection and outreach, identify stage where data collection and recordkeeping requirements apply. - Revise applicant tracking, HRIS, and other systems to collect and maintain data/records. - Establish three (3) year recordkeeping process. Document. AAP Effective Date. Begin recordkeeping. Responsibility: March

33 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS Regulation / Subject Details/ Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM Benchmarks for Hiring REGARDING PROTECTED VETERANS Contractor sets Veterans' hiring benchmark annually, to measure progress toward achieving equal employment opportunity for Protected Veterans. Choose benchmark methodology, document the benchmark used, and maintain records for three (3) years. Begin recordkeeping on AAP effective date Reporting will be required in next AAP cycle. AAP Effective Date - Review requirements for establishing a benchmark, select methodology. - Conduct analysis to determine hiring rate for protected veterans. - Compare hiring rate to benchmark. Document. Responsibility: March

34 Two methods Establishing the Hiring Benchmark (41 CFR (b)) Method 1: Adopt the national percentage of veterans in the civilian labor force, which will be published and updated annually on the OFCCP website. Method 2: Establish a benchmark by taking into account five factors in 41 CFR (b)(2). 34

35 The Five-Factor Approach Factor 1: The average percentage of veterans in the civilian labor force in the State(s) where the contractor is located over the preceding three years; Factor 2: The number of veterans over the previous four quarters, who were participants in the employment service delivery system in the State where the contractor is located; Factor 3: The applicant ratio and hiring ratio for the previous year, based on the data collected pursuant to (k); Factor 4: The contractor s recent assessments of the effectiveness of its outreach and recruitment efforts; and Factor 5: Other factors which would tend to affect the availability of qualified protected veterans. 35

36 Sample five-factor approach (transitional AAP, Ohio Contractor) HIRING BENCHMARK: 8.2% Factor 1: Average percentage of veterans in the civilian labor force in Ohio % % % Factor 2: Number of participants in Ohio ESDS over the last 4 quarters Total: 75,246 Factor 3: Applicant and Hiring ratio in 2014 ( (k) data) Factor 4: Recent assessments of the effectiveness of its outreach and recruitment efforts Factor 5: Other factors affecting availability of qualified protected veterans Transitional year. Incomplete applicant and hiring data. Transitional year. Incomplete outreach and recruitment data limited assessment conducted in Location: Contractor s establishment is located in Dayton, 12 miles from Wright-Patterson Air Force Base. 36

37 Application of the Benchmark The benchmark should be applied to the contractor s hiring in the current AAP year by establishment. Among the criteria used to assess the effectiveness of outreach and recruitment. Remember: no violation for failing to meet the benchmark. 37

38 DOL VETS Contact Information Phone: Veterans Electronic Tools: DOL VETS: America s Service Locator : Veterans Employment Center : Career One Stop: My Next Move for Veterans: My Skills My Future: America s Heroes at Work: 38

39 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS Regulation / Subject Details / Implementation Action Date SUBPART E AFFIRMATIVE ACTION PROGRAM Recordkeeping REGARDING PROTECTED VETERANS AAP Recordkeeping requirements for protected Contractor record retention guideline AAP Effective Date veterans changed to three (3) years primarily change to reflect the new three-year for outreach, positive recruitment, hire, requirement. All AAP applicants, hires, and applicant data. and documentation on outreach and recruitment now maintained for three (3) years. After discussion with a Contractor, OFCCP can have access to all relevant records, - Establish three (3) year recordkeeping. including off-site materials and can request process. Document. records in a specific format, as kept by the Contractor. Responsibility: March

40 Section 503 of the Rehabilitation Act of 1973 Individuals with Disabilities Sylvia Gerst & Tony Perkins Gerstco, Inc

41 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Regulation / Subject Details / Implementation Action Date SUBPART A POSTINGS & NOTICES Equal Opportunity Clause EO Clause included in each covered Government subcontract (modifications, renewals, extensions) of $10,000, or more. States the rights of applicants and employees with disabilities, and contractor obligations under the law, to employ and advance In employment, qualified individuals with disabilities. Incorporation of the EO Clause can only be made by citing the regulations AND using specific, mandatory language to alert subcontractors to their obligations as federal contractors. Citing the entire EO Clause is not required. March 24, 2014 Language must be in bold text in the contract. May have one EO Clause that includes both Veterans and Individuals with Disabilities language. (Ref: Sample language - next page.) - Revise EO Clause per regulations. - Provide information to Legal/Procurement. - Verify revisions made to subcontract terms and conditions. - Document implementation. Responsibility: March,

42 Individuals with Disabilities and Protected Veterans Equal Opportunity Clause Revision This contract is subject to the provisions of (i) Executive Order 11246, (41 CFR ); (ii) section 503 of the Rehabilitation Act of 1973, (41 CFR (a); and (iii) section 4212 of the Vietnam Era Veterans Readjustment Act of 1974, (41 CFR (a). This contractor and subcontractor shall abide by the requirements of 41 CFR (a) and 41 CFR (a). These regulations prohibit discrimination against qualified individuals on the basis of disability, and qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities, and qualified protected veterans March,

43 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Regulation / Subject Details / Implementation Action Date SUBPART A POSTINGS & NOTICES Notice of Employee Rights - Posting Contractors are required to post notice of Applicant and Employee Rights under Section 503 of the Rehabilitation Act. Notice must be posted in a conspicuous place, available and accessible to all employees and applicants, including remote workers. Notice must be in an accessible format and available to individuals with disabilities. OFCCP to provide Notice. - Identify locations for posting. - Determine process for electronic posting. Obtain OFCCP Notice. - Implement posting. - Document implementation. March 24, 2014 Responsible March,

44 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Regulation / Subject Details / Implementation Action Date SUBPART A POSTINGS & NOTICES Solicitations, Ads, Job Postings Contractor states appropriate language in its job solicitations, announcements, and ad language, regarding equal opportunity for individuals with disabilities. Sample Notice : March 24, 2014 All qualified applicants will receive consideration for employment without regard to race, sex, color, religion, national origin, protected veteran status, or on the basis of disability. - Draft tagline for job advertisements. - Revise job postings to include tagline. - Update website, Career section. - Document implementation. Responsibility: March,

45 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM Applicability of AAP Requirements Federal Contractor and subcontractor threshold to prepare and maintain an affirmative action plan for individuals with disabilities; employs 50 or more employees, with a covered contract of $50,000, or more. Contractor must prepare and maintain an affirmative action plan within 120 days of the contract start date, and, update annually. - Determine coverage for AAP requirements. - Develop/update AAP in 120 days. - Document implementation. Responsibility: AAP Effective Date March,

46 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM Availability of the AAP The full AAP (minus all data metrics) is made available to employees and applicants, upon request. Post the location of the AAP and hours to view the AAP at each establishment. - Draft notice regarding AAP availability. - Establish posting methods, locations. - Post notice. - Document. AAP Effective Date Responsibility: March,

47 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM Invitation to Self-Identify Contractor shall invite applicants to Self-Identification for Individuals with Disabilities AAP Effective Date identify as an individual with a is offered at the same time as EO Internet disability when initially applying Applicant requirements for minorities and females. for a job. A single form is used for Web-based application systems to include required pre-offer and post-offer, and for the 503 offer to self-identify. Paper application process Employee Survey. also includes 503 self-identification language as mandated by OFCCP. (Ref: Attached Self-ID Form provided by OFCCP.) Self-identification language provided by OFCCP. - Obtain OFCCP self-id form - Revise applicant tracking and HRIS systems to include form in pre-offer and post-offer self-id stages. - Applicant recordkeeping begins asap. - Applicant analysis to occur next AAP cycle. March, 2014 Responsible 47

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50 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM Annual Employee Survey Contractors will invite employees to self-id Contractor HRIS systems updated to 03/24/14 as an individual with a disability during accept self-identification information to first year it is subject to 503 Final Rule from employees at anytime during their 03/23/15 requirements, and every 5 years, employment period. thereafter. - Establish date and process for conducting first-year survey. - Establish record retention process. - Establish schedule for Reminder Notice during 5-year survey interval. - Document implementation. Responsibility: March,

51 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (a) Policy Statement EO AAP policy statement included in the AAP with executive management support statement. Policy covers all employment actions, provides for reasonable job accommodation request, identifies Company Official responsible for the EEO AAP Program. EO AAP policy statement posted on company bulletin boards and communicated internally and externally to: employees, applicants, vendors, and suppliers. Notice must be accessible and understandable to individuals with a disability. - Draft/revise policy statement, including an indication of executive management support. - Establish posting methods, locations. - Post EO Policy statement. - Document implementation. AAP Effective Date Responsibility: March,

52 SELF AUDIT CHECKLIST PART AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING INDIVIDUALS WITH DISABILITIES Regulation / Subject Details / Implementation Action Date SUBPART C AFFIRMATIVE ACTION PROGRAM (b) Review of Personnel Processes Contractor personnel processes provide Develop a systematic method for careful, AAP Effective Date for a review of job qualifications for thorough review of all job qualifications employees and applicants in the AAP. for applicants and employees with known disabilities, for job vacancies. ( Appendix C: Sample Methodology) - Establish review process/procedures. - Identify the last review period and the schedule for the next review. - Document implementation. Responsibility: March,