People with Disabilities

VEVRAA and Section 503 Compliance Resources

VEVRAA and Section 503 Compliance Resources on BCGi

Available on BCGi

There’s a lot to know when complying with the new VEVRAA and 503 regulation changes (effective March 24, 2014).

With this in mind, we’ve compiled a one-stop resource with the information you need, including:

  • a checklist (an overview and detailed summary of what you need),
  • a copy of the Support Packet BCG provides our clients assisting them with the regulation changes,
  • Veteran’s and Disability Self-ID forms,
  • and a recording of a presentation given by BCG Executive Vice President, Patrick Nooren, PhD, on the regulation changes.

Biddle Consulting GroupGo to www.bcginstitute.org/?page=vevraasection503 now
for your VEVRAA and Section 503 compliance resources.

Voluntary Self-Identification of Disability

The self-identification form for individuals with disabilities is now available from the Department of Labor website.  Please click on the link below to download it.

http://www.reginfo.gov/public/do/PRAICList?ref_nbr=201307-1250-001

Voluntary Self-Identification FormThis form should be used to solicit disability status of applicants at the pre- and post-offer stage of the recruitment process.  It is also important that this form is used verbatim.  If you wish to recreate the form for use on your company website application system, you should still include the OMB number, expiration date, the body text and all of this should be in sans-serif font (minimum 11 point font size).

While this form should be used to solicit the disability status of applicants at the pre- and post-offer stage, you are also required to solicit:

  • Employee disability status within 12 months of March 24, 2014.
  • Must resurvey your employees every five (5) years
  • Must send a reminder to employees once during five-year period that they can voluntary self-I.D. their disability status.

If you have any questions about this, please feel free to contact us.

OFCCP Announces Changes to VEVRAA and Section 503 of the Rehabilitation Act

Vice President Biden announced today two new regulations affecting the hiring of veterans and persons with a disability. The new regulations make changes to the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act.

Below are the OFCCP highlights of the Final Rules. Stay tuned for more information from BCG on what these changes mean to the Federal Contracting community.

In the meantime, if you have any questions, feel free to contact us.

Changes to VEVRAA

A Final Rule that makes changes to the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) will be recorded in the Federal Register soon and be in effect 180 days after that publication.

From the OFCCP website, the highlights of the Final Rule are:

  • Rescission of 41 CFR Part 60-250: The Final Rule rescinds the outdated 41 CFR Part 60-250 in its entirety. However, veterans that were formerly protected only under Part 60-250 will still be protected from discrimination under the revised 41 CFR Part 60-300.
  • Hiring benchmarks The Final Rule requires that contractors establish annual hiring benchmarks for protected veterans. Contractors must use one of two methods to establish their benchmarks. Contractors may choose to establish a benchmark equal to the national percentage of veterans in the civilian labor force, which will be published and updated annually by OFCCP. Alternatively, contractors may establish their own benchmarks using certain data from the Bureau of Labor Statistics (BLS) and Veterans’ Employment and Training Service/Employment and Training Administration (VETS/ETA) that will be also be published by OFCCP, as well other factors that reflect the contractor’s unique hiring circumstances. The data will be posted in the Benchmark Database (coming soon).
  • Data collection: The Final Rule requires that contractors document and update annually several quantitative comparisons for the number of veterans who apply for jobs and the number of veterans they hire. Having this data will assist contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years to be used to spot trends.
  • Invitation to Self-Identify: The Final Rule requires that contractors invite applicants to self-identify as protected veterans at both the pre-offer and post-offer phases of the application process. The Final Rule includes sample invitations to self-identify that contractors may use.
  • Incorporation of the EO Clause: The Final Rule requires that specific language be used when incorporating the equal opportunity clause into a subcontract by reference. The mandated language, though brief, will alert subcontractors to their responsibilities as Federal contractors.
  • Job Listings: The Final Rule clarifies that when listing their job openings, contractors must provide that information in a manner and format permitted by the appropriate State or local job service, so that it can access and use the information to make the job listings available to job seekers.
  • Records Access: The Final Rule clarifies that contractors must allow OFCCP to review documents related to a compliance check or focused review, either on-site or off-site, at OFCCP’s option. In addition, the Final Rule requires contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests.

Changes to Section 503 of the Rehabilitation Act

A Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973 will be recorded in the Federal Register soon and be in effect 180 days after that publication.

From the OFCCP website, the highlights of the Final Rule are:

  • Utilization goal: The Final Rule establishes a nationwide 7% utilization goal for qualified IWDs. Contractors will apply the goal to each of their job groups, or to their entire workforce if the contractor has 100 or fewer employees. Contractors must conduct an annual utilization analysis and assessment of problem areas, and establish specific action-oriented programs to address any identified problems.
  • Data collection: The Final Rule requires that contractors document and update annually several quantitative comparisons for the number of IWDs who apply for jobs and the number of IWDs they hire. Having this data will assist contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years to be used to spot trends.
  • Invitation to Self-Identify: The Final Rule requires that contractors invite applicants to self-identify as IWDs at both the pre-offer and post-offer phases of the application process, using language prescribed by OFCCP. The Final Rule also requires that contractors invite their employees to self-identify as IWDs every five years, using the prescribed language. This language will be posted on the OFCCP website (coming soon).
  • Incorporation of the EO Clause: The Final Rule requires that specific language be used when incorporating the equal opportunity clause into a subcontract by reference. The mandated language, though brief, will alert subcontractors to their responsibilities as Federal contractors.
  • Records Access: The Final Rule clarifies that contractors must allow OFCCP to review documents related to a compliance check or focused review, either on-site or off-site, at OFCCP’s option. In addition, the Final Rule requires contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests.
  • ADAAA: The Final Rule implements changes necessitated by the passage of the ADA Amendments Act (ADAAA) of 2008 by revising the definition of “disability” and certain nondiscrimination provisions of the implementing regulations.

Disability Outreach & Recruitment Webinar by AskEARN

Build the Pipeline: Effective Disability Outreach & Recruitment

The Employer Assistance and Resource Network (EARN) will present a webinar on “Build the Pipeline: Effective Disability Outreach & Recruitment” on February 28, 2:00-3:00 PM EST. It will focus on building the pipeline of employees utilizing effective outreach practices and strategic recruiting strategies, and will explore building relationships with academic and community organizations, developing internal developmental programs and policies, specific talent resourcing, and the value of formal tracking and reporting procedures. The webinar is based on ODEP’s guide for employers, “Business Strategies that Work: A Framework for Disability Inclusion.”

Date: February 28, 2013, 2:00 – 3:00 PM EST
Registration: To register and for more information, visit http://askearn.org/webinar_registration.cfm