ALASKA SHRM: OFCCP NEW DISABILITY AND VETERANS REGULATIONS PRESENTED BY PINNACLE HR CONSULTING SERVICES

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1 Complimentary Webinar Series OFCCP New Veterans and Disability Regs Download copy of slides To Troubleshoot webinar, go to HRCI Pre approved 1 General Credit The link to the certificate will be provided at the end ALASKA SHRM: OFCCP NEW DISABILITY AND VETERANS REGULATIONS PRESENTED BY PINNACLE HR CONSULTING SERVICES February 14, 2014 This document may not be duplicated or redistributed without the express written permission of Pinnacle Affirmative Action Services, LLP. Please info@pinnacle-aap.com with any questions or visit our website: AAP.com 1

2 DAVID SCHEFFLER VICE PRESIDENT OF COMPLIANCE PINNACLE HR CONSULTING SERVICES LEGAL DISCLAIMER The materials presented today in both written and oral forms are for informational purposes only. Attendees should consult with their own legal counsel before taking any actions and should not consider these materials or discussions to be legal or otherwise advice. Professional advice should be obtained before attempting to address any legal situation or problem. How Do They Effect Us New Regulations Section 503 VEVRAA 2

3 WHEN EFFECTIVE March 24, 2014 new regulations go into effect Compliance with Subpart C is not mandated until the first new AAP cycle after March 24, 2014 Subpart C: AA Plan documentation New self-identification of disability and veterans requirements Hiring benchmark for veterans Utilization goal for persons with a disability Data collection and analysis WHO IS COVERED Section 503 (Disability) Contractors with a federal contract or subcontract of $10,000 or more Applies to supply and service and construction contractors VEVRAA (Veterans) Contractors with a federal contract or subcontract of $100,000 or more Applies to supply and service and construction contractors REVIEW OF MAJOR CHANGES 3

4 Definitions AREAS OF MAJOR CHANGE EO clauses & statements Invitations to self-identify Benchmarks & goals Data collection & analysis Outreach & assessment AAPs Reasonable accommodations Recordkeeping DEFINITIONS Section 503 persons with a disability definition harmonizes with ADAAA (preamble only) VEVRAA replaces the term other protected veteran with active duty wartime or campaign badge veteran Four protected veteran categories are: Armed Forces service medal veteran Disabled veteran Recently separated veteran Active duty wartime or campaign badge veteran DEFINITIONS Locate policies, written procedures, and internet pages contain definitions and update accordingly Update with new definitions: Self-identification forms online and paper Applicant tracking system HRIS 4

5 EO CLAUSE & STATEMENTS Both Section 503 and VEVRAA regulations have EO clause language that must be added to subcontracts and purchase orders Can be included by reference but it must be in bold type and include the required language All job advertisements and postings must contain an EOE statement stating they will not discriminate against persons with a disability or protected veterans No longer use D and/or V Disability and Vet are the minimum EO CLAUSE & STATEMENTS CONT D EEO Is The Law Poster Include electronic posting with online application system. Notice must be stored with, or as part of, the electronic application. EO Policy Statement Update and disseminate Needs to be accessible to employees and applicants Must include reference to the top U.S. Executive s support INVITATIONS TO SELF-IDENTIFY Pre and post-offer self-identification for disability and veterans status is required Solicit pre-offer identification at the same time in the application process as race, gender and ethnicity Data must be kept separate from personnel and medical files 5

6 INVITATIONS TO SELF-IDENTIFY Contractors must invite current employees to voluntarily self-identify as a person with a disability within the first year after new regulations become effective Must resurvey workforce at least every five years One interim reminder to employees that they may voluntarily update their disability status at any time SELF-IDENTIFICATION FORMS OFCCP form to self-identify as to disability status must be used by contractors Both pre and post offer Available on OFCCP website Contractors can develop their own form for selfidentification of veterans status or use form developed by OFCCP UTILIZATION GOAL PERSON WITH A DISABILITY A 7% utilization goal for person with a disability has been established by the OFCCP OFCCP could update the 7% number in the future Used to assess the representation of persons with a disability within your existing workforce Applies to each job group If fewer than 100 employees may conduct single analysis for workforce 6

7 UTILIZATION GOAL PERSON WITH A DISABILITY Data collection: Total # of applicants Total # of hires Total # of persons with a disability applicants Total # of persons with a disability hired Total # of openings Total # of jobs filled Recordkeeping obligation of three years HIRING BENCHMARK VETERANS OFCCP will publish annually a hiring benchmark based on the national percentage of veterans in the workforce Currently OFCCP benchmark is 8% Across entire workforce Contractors may establish their own hiring benchmark using five factors determined by the OFCCP HIRING BENCHMARK VETERANS Data collection: Total # of applicants Total # of hires Total # of veteran applicants Total # of veterans hired Total # of openings Total # of jobs filled Recordkeeping obligation of three years 7

8 NEW DATA COLLECTION DEFINITIONS Job Openings Refers to the number of individual positions advertised as open in a job vacancy announcement 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. NEW DATA COLLECTION DEFINITIONS Jobs Filled CONT D All jobs the company filled by any means through a competitive process or non-competitively Hires, reassignment, transfers, promotions Hired Both internal and external applicants that were hired through a competitive process OUTREACH & ASSESSMENT Establish outreach in the areas of veterans and persons with a disability Make sure you are putting significant good faith efforts here Document outreach activities and maintain records for three years Events attended Groups targeted Advertising & postings 8

9 OUTREACH & ASSESSMENT Contractors must annually review outreach for the current and previous two years to assess outreach efforts. Was outreach effective? If the answer is no then: Develop a plan to increase or identify alternative efforts Implement action-oriented changes Required to document review and criteria utilized Becomes part of AAP OUTREACH & ASSESSMENT ESDS (employment service delivery system) / State workforce agency postings Must provide information to the agency in a format that is permitted by the agency Multi-state employers need to know how each agency will accept postings Must state that the employer is Affirmative Action employer and requests priority referrals OUTREACH & ASSESSMENT State workforce agency postings Contact information for the individual responsible for hiring at each location Can be a HR contact, senor management contact Someone who can verify the information in the job postings If third party agency is used (temp firm, search firm, etc.); then, the ESDS must have that contact information in the listing If that contact information changes you must notify them with your next posting 9

10 AAPS The new AA plan requirements are almost identical for both veterans and persons with a disability Data collection analysis EO policy statement Must be an accessible form Large font, Braille, electronically, etc. Top U.S. official s support needs to be referenced Identify schedule for periodic review of physical and mental job qualifications AAPS Internal dissemination of policy Available to applicants and employees Data and metrics can and should be excluded External dissemination Electronic posting is acceptable when employees do not work at physical location Employees must be able to access information Document goals/benchmarks for veterans and persons with a disability Evaluate goal/benchmark attainment AAPS All personnel involved in recruitment, hiring, promotion or disciplinary processes shall be trained 10

11 Section 503 REASONABLE ACCOMMODATIONS Encourages contractors to develop a written procedure for reasonable accommodations Recommendation is to process an applicant/employee request within 5-10 business days Share the procedure with employees REASONABLE ACCOMMODATIONS Document requests and decisions Document and explain the basis for any refusals Documentation is key in an audit Enables employees to be more productive (Win-Win) Train recruiters and HR on new process Who is responsible/main contact What is the expected turn around time RECORDKEEPING Two different levels of record keeping 3 years Annual assessment of outreach and recruitment Data collection by AAP establishment Review of mental and physical qualifications Training 2 Years Utilization Analysis Direct threat defense explanation records for veterans 11

12 RECORDKEEPING May be easier for contractors to move recordkeeping policy to keep all for three years vs. the covered areas Evaluate risk during an audit WHAT TO DO TODAY Contact technology vendors- ATS changes will be needed Contact AAP vendor or internal resource Get budgets in place There will be cost associated here Manpower - ongoing Outside vendors- one time costs Technology changes one time costs Identify resources needed? Can you accomplish internally Vet outside vendors to put auditing assessment practices in place 12

13 CONTACT David Scheffler Vice President Compliance Pinnacle HR Consulting Services (770) Thank You! To download a copy of your certificate go to 13