New VEVRAA Regulations FAQ on Job Posting



With the continuing advancement of technology and the creation of more and more satellite offices around the US, contractors and subcontractors are constantly questioning how jobs should be posted for these particular positions to be compliant under the new VEVRAA/Section 4212 posting requirements. To provide better guidance to the contractors/sub-contractors, the OFCCP has recently included the following within their FAQ section on their website:

How should contractors list job openings for ‘remote jobs’ that is, jobs that are full-time telework positions from any location, in order to comply with VEVRAA’s job listing requirement?

VEVRAA requires that contractors list all employment openings which exist at the time of the execution of the contract, and which occur during the performance of the contract, with the appropriate employment service delivery system (ESDS) where the opening occurs. Typically, the location of a job opening, or where a job opening ‘occurs,’ is the location to which the employee must report for work. For a job opening that does not require the employee  to report to, or work from, a specific location, a contractor may satisfy the job listing requirement by listing the job opening with the state of local ESDS where the work unit, division, department or supervisor to which the employee report of be assigned is located.

The OFCCP’s response is similar to the way employer’s are to report ‘remote employees’ within their EEO-1 reports; essentially, wherever their direct supervisor sits is the establishment that the employee should be included. By making this posting requirement similar, they are continuing to mitigate any further confusion contractors and subcontractors may be experiencing with these new rulings.

The OFCCP regularly updates the FAQ section on their website and through this site, contractors/subcontractors will find helpful tips on how to stay compliant with the regulations:

OFCCP Announces Upcoming Webinar on VEVRAA and Section 503 Updates

OFCCP Webinar

The Office of Federal Contract Compliance Programs (OFCCP) has announced a free webinar to clarify revisions made to the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act. This is a fantastic opportunity for new and small Federal contractors/subcontractors to gain a better understanding of the new requirements under the final rulings.

  • Webinar Topic: VEVRAA and Section 503 Updates
  • Date: Tuesday, June 17th, 2014
  • Time: 2:00 p.m. Eastern Daylight Time (New York, GMT-4:00)
  • Duration: 1 hour 30 minutes
  • Cost: Free!

By attending this webinar, you will have the chance to:

  • Learn how the regulations have changed
  • Understand your requirements as a contractor/subcontractor under VEVRAA and Section 503
  • Ask the OFCCP any questions you have about VEVRAA and Section 503

Register now through the link below!


AAAA Conference Update & Understanding Basic Qualifications in Light of New 503 and VEVRAA Regulations

OFCCP Director Pat Shiu Addresses a Full-house at the AAAA Conference

OFCCP Director Pat Shiu Addresses a Full-house at the AAAA Conference

OFCCP Director Pat Shiu spoke at the *AAAA (American Association of Affirmative Action) 40th Annual Conference last week. She reiterated being a Federal contractor is a privilege, not a right, and underscored the requirements associated with that right focusing on the OFCCP’s initiative to reduce compensation disparity. She also took time to address Federal contractor concerns regarding the new 503 and VEVRAA regulations. This year’s conference was held in Nashville, TN at the Gaylord Opryland hotel June 4-6.

BCG Principal Consultant Dr. Jim Kuthy and Consultant Heather Patchell, attended the conference and spoke Thursday on Understanding Basic Qualifications in Light of New 503 and VEVRAA Regulations.

Here are a few key points from the Basic Qualifications presentation:

The final regulations reiterate the standard for Basic Qualifications (BQs); BQs must be “job-related and consistent with business necessity.” Federal contractor’s will be required to “periodically” review all physical and mental qualifications (with changes to reference protected veterans and VEVRAA). This requirement, plus the requirement to review personnel processes, is why contractors absolutely need to update their ADA compliant job analyses. A schedule of the review must be included within the AAP. It is important to note that employers cannot use BQs to screen out applicants if the BQ is related to an essential function that could be solved and/or satisfied with a reasonable accommodation.

Good news folks! Everything doesn’t need to be done at once; focus on the high-volume positions with lots of turnover/hiring! Just like any other practice, procedure, or test, BQs must be evaluated for adverse impact. But here’s your major take-away point: to the extent any physical and/or mental qualification tends to screen out individuals with a disability, the contractor must ensure that qualification is “job-related for the position in question and consistent with business necessity” (i.e., valid).

If you have  questions regarding compensation disparity, the new Section 503 and VEVRAA regulations, job analyses, or basic qualifications, let us know. We can help.

Upcoming BCGi Webinar:

IRegister Here!f you were unable to attend the Understanding Basic Qualifications in Light of New 503 and VEVRAA Regulations conference presentation, it’s not too late. Jim Kuthy and Heather Patchell will share the same content in an upcoming BCGi webinar on July 10, 2014!

Visit now.

*The AAAA is now called the AAAED – American Association of Access Equity and Diversity.