Integrating the Potential of the Changing Face of Today s Workforce.

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1 Integrating the Potential of the Changing Face of Today s Workforce. Total strategic partner to corporations, providing strategic staffing solutions; assisting in government compliance requirements - OFCCP, EEO, ADA, 508, Affirmative Action; Website Accessibility; and diversity initiatives 1

2 Demographics People with disabilities Veterans Aging workforce 2

3 Workforce Trends/Forecast Increase competition- future More attention on retention Emphasis on hiring & retaining (the untapped WF) Growth in Telecommuting Flexible work Shorter work week Flex hours Job-role modification Source: The Herman Group 3

4 OFCCP 4

5 Office of Federal Contract Compliance Programs OFCCP (Office of Federal Contract Compliance Programs) is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination and affirmative action in employment. 5

6 Under the OFCCP: Executive Order prohibits federal contractors and federally-assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. EEO: (Equal Employment Opportunity) to enforce provisions of Title VII of the Civil Rights Act of Title VII forbids discrimination in the workplace based on race, age, disability, religion, sex, or national origin. AAP: (Affirmative Action Plan) must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans. Affirmative actions include training programs, outreach efforts, and other positive steps. These procedures should be incorporated into the company s written personnel policies. Employers with written affirmative action programs must implement them, keep them on file and update them annually Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended: Any contract in the amount of $25,000 or more entered into by any department or agency for the procurement of personal property and non-personal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. 6

7 OFCCP cont. ADA now ADAAA: (Americans with Disabilities Act) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation Section 503: Any contract in excess of $10,000 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment of qualified individuals with disabilities. Section 508: The standards define the types of technology covered and set forth provisions that establish a minimum level of accessibility. The standards ( cover the full range of electronic and information technologies (Subpart A). The standards provide criteria specific to various types of technologies, including (Subpart B): software applications and operating systems web-based information or applications telecommunication products video and multimedia products self contained, closed products (e.g., information kiosks, calculators, and fax machines) desktop and portable computers 7

8 OFCCP Enforcement by the Numbers 132% increase Fiscal Year Financial Remedies Obtained Workers Recompensed by OFCCP Agreement Compliance Evaluations 2008 $67,510,982 24,508 4, $51,680,950 22,251 4, $51,525,235 15,273 3, $45,156,462 14,761 2, $34,479,294 9,615 6, $26,220,356 14,361 4, $23,975,000 8,969 4, $28,975,000 9,093 4,716 8

9 OFCCP Enforcement Enforcement environment, employer risk and liability have changed significantly and are expected to continue 213 FTE s 2010 Enforcement Environment Realities Audit case volume increased 75% % in 2007, 46% in 2006 Audit case management sophistication has increased significantly via case tracking, statistical tools, and discrimination indicators 98% of settlements for systemic discrimination Covered workers increased almost 50% last year 9

10 What s New 10

11 OFCCP Staff The FY 2010 budget request includes a program increase of $25,600,000 to fund 213 FTEs and a new case management system. The additional FTEs will support enforcement and outreach efforts. Increased enforcement Priority is Disability and Veterans. 11

12 NEW OFCCP New Directive- July 10, 2008 Under Section 503, Online Application System On line application system (OTS) is your primary method for accepting applications for employment the OTS needs to be accessible, you must ensure EEO. Or providing reasonable accommodation, when requested, Effective immediately all compliance evaluations will include a review of the OTS. The term on line system shall include all electronic or web based systems that are used in all personnel activities. 12

13 NEW ADAAA Sept. 25, 2008 Effective Jan. 1, 2009 Definition of disability vastly expanded Major bodily function, w/ or w/out the perception that the impairment limits a major life activity Definition has more clarity Majority of the ADA is still the same Companies will need to show they have processes to make individual assessments of employees qualifications with or without accommodations Employers will be put to the test to evaluate employees one by one 13

14 Law suits- Accommodation July 2011: $20M - Verizon Jan. 2011: $3.2M - Supervalu, Inc. (Jewel-Osco s parent co.) Jan. 2010: $6.2M - Sears June 2008: $250,000 - Walmart Jan 2007: $2.2M - Bank One 14

15 EEOC - ADA Settlements Fiscal Yr Settlement Amt 2010 $76,100,000 57% increase 2009 $67,800, $57,200, $54,400, $48,800,000 Effectively 50% of survey respondents indicated they did not have a documented process in place for accommodations (e.g., requested or needed by a candidate or employee) 15

16 21 st Century Telecom, Video Accessibility Act- October 8, 2010 The act outlines several steps to ensure that persons with vision and hearing impairments have full access to the video, voice, text, and other capabilities of smartphones, digital television, and internet-based video programming. 16

17 Website Accessibility- March 15, 2011 DOJ final regulations revising (July 2010) the Department s ADA regulations, including its ADA Standards for Accessible Design. Title II and Title III. Final regulations Coming Soon! What does this mean? 1. Change in Recruiting 2. Public Website Access Business, state, and local government in the United States will be required to meet accessibility standards just as much as they are required to put a ramp to their front door. It also means that businesses will be subject to DOJ lawsuits, monetary damages, etc. 17

18 Accessibility- Websites Nov AOL- Out of count agreement (12m) Aug. 2008: $6M Target Feb. 2007: $ Oracle Software State of Texas Jun. 2010: $? 4 Laws Schools The suit was filed because the law schools require or encourage applicants to use a centralized Internet-based application process provided by the Law School Admissions Council (LSAC) through its Web site ( that is inaccessible to blind law school applicants. Oct. 2010: $? - Jet Blue Feb. 2011: $? - Disney 18

19 What s the trend?? 19

20 Drivers Gov t Compliance: Outreach/Accessibility Risk Management ADAAA Diversity Initiatives Recruiting Talent Retention ROI Talent Shortage Growth within the disability workforce Gov t Compliance 20

21 Things to Consider 21

22 Questions to ask Yourself? Is our OTS accessible? (Home page to submit) Do we have a proactive accommodation process? What are we doing in outreach/recruiting? Have we trained your recruiters? hiring managers? Do we actively recruit and hire? Is this a local or national recruiting strategy? Do you do testing? Is it accessible? What is our retention? How many are on STD/LTD? What is in your AAP? Have we implement this plan well? Do you have a sustainable accessibility web testing solution? What are our gaps? 22

23 OFCCP Section 503: Online Applicant Tracking Software Wake up Tip 1 The Quick fix (Manual/Accommodation) Approach Develop a Process Accommodations Get an accommodation statement on your site 800 number, address, TTY Training Disability Etiquette Resume Flow Submit Documenting/Reporting 23

24 Risk Management OFCCP- Section 503 Disability/Veterans, ADA/ADAAA Wake Up Tip 2 Accommodation Centralized Proactive approach- Do you have one? Assistive Technology knowledge/implementation Pre-testing Reporting Who, what, where, when 24

25 Risk Management OFCCP- Section 503 Disability/Veterans, ADA/ADAAA Wake Up Tip 3 Assessment of your site Find out if you are accessible OTS Home to submit Entire website Automated Repeatable Process (accessibility) Outsource vs. In-source License Software for Accessibility Standards Web Accessibility training, software to monitor Gov t compliance 3rd party accountability Reporting Access to all 25

26 Labor Shortage Untapped Workforce, OFCCP- Section 503 Disability/Veterans Wake up Tip 4 Outreach/recruiting Train your recruiters and hiring managers Build relationships Local Non For Profit Workforce centers Vocational Rehabilitation Veterans Administration Job Fairs National Website specific (i.e., National Organizations (i.e., Goodwill, ARC, Easter Seals) Colleges: disabled student services Outsource 26

27 QUESTIONS 27

28 E-Learning Tool Kit Series 28

29 Thank YOU Contact Sheridan Walker Integrating the Potential of the Changing Face of Today s Workforce. 29

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