Category Archives: 503 Disability & VEVRAA / Veterans

Disability Self-ID Form Renewed for Three Years

On January 31, 2017, the Office of Management and Budget (OMB) approved the renewal of the Voluntary Self-Identification of Disability Form for an additional three (3) years.  The form now expires on January 31, 2020.

Although no changes were made to the form, contractors must immediately begin using the form with the expiration date “1/31/2020” in the top-right corner.

Depending on your organization, you may need to update your career site or applicant tracking system where the forms exist, as well as update all paper copies of the form.  To avoid any confusion, we recommend discarding all copies of the prior version.

Be advised that because the Self-ID form is an OMB-approved form, its content cannot be altered or changed.

For copies of the renewed form in English and other languages, please visit:

https://www.dol.gov/ofccp/regs/compliance/sec503/Self_ID_Forms/SelfIDForms.htm?utm_campaign=reengage2B&utm_medium=email&utm_source=govdelivery

If you would like to discuss the Self-ID form in more detail as it pertains to your specific organization, please do not hesitate to contact us.

EOs & Regulations – Promise to Repeal

A cornerstone of President-Elect Trump’s election campaign was the promise to roll-back and eliminate regulations and Executive Orders (EOs) issued and implemented by the outgoing administration.   In just the employment arena affecting federal contractors, this includes:

  • EO 13658 – Minimum Wage for Federal Contractors
  • EO 13665 – Pay Transparency
  • EO 13672 – LGBT regulations
  • EO 13673 – Fair Pay and Safe Workplaces (“blacklisting” – currently blocked by federal courts)  EO 13706 – Paid Sick Leave
  • New regulations for affirmative action for Veterans and the Disabled
  • New regulations on discrimination on the basis of sex

In addition, there are regulations, rules, and expanded/new interpretations of existing rules affecting all employers regarding eligibility for overtime (blocked last week by a Texas district court); expedited union representation elections; “ban-the-box” limitations; increased OSHA fines; the Pregnant Workers Fairness Act; and the revised EEO-1 report requiring compensation data.

Continue reading EOs & Regulations – Promise to Repeal

Threshold For Coverage Under VEVRAA/4212 Increased To $150,000 For A Single Contract

Effective October 1, 2015, the threshold for coverage under Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) increased to $150,000 for a single contract. This means unless a contractor/subcontractor holds a single covered federal contract or subcontract of at least $150,000, they are not required to comply with the provisions of VEVRAA, including the preparation of an affirmative action plan (AAP) for protected veterans, listing covered job opportunities with the appropriate state jobs delivery system, or engaging in outreach for protected veterans.

An infographic published by the OFCCP showing the coverage thresholds for Executive Order 11246, Section 503 of the Rehabilitation Act, and VEVRAA/4212 is attached. Please note that depending on the value of the contract, a contractor/subcontractor may have to prepare an AAP for minorities, females and the disabled, but they may not have to do so for Protected Veterans.

It is recommended that contractors and particularly subcontractors, review the value of their federal contracts/subcontracts to determine whether the value of those contracts meets the jurisdictional threshold amount.

Strategic Considerations in Complying with the OFCCP’s New 503/VEVRAA Regulations – Job Groups

Recent changes to the Section 503 and VEVRAA regulations, along with the new itemized listing for OFCCP compliance reviews, require consideration of a number of strategic matters affecting how contractors choose to position themselves before and after receiving a scheduling letter.  Some of the key considerations include the creation and retention of records; the provision of those records to the OFCCP; and the structure of job groups in current AAPs.  These considerations are set forth in more detail below.

Job Groups

As discussed above, the OFCCP’s request for the mandatory eight (8) employee-level data points provides the Agency with limited alternatives for conducting preliminary data analysis of compensation.  The two probable groupings are EEO-1 category or AAP job group.  Even if the preliminary analysis is based on EEO-1 category and there is a follow-up request for the optional data, a secondary level of review using some form of mini-regression will likely drill down to a deeper level where AAP job group becomes the grouping for comparing compensation.

Continue reading Strategic Considerations in Complying with the OFCCP’s New 503/VEVRAA Regulations – Job Groups

Strategic Considerations in Complying with the OFCCP’s New 503/VEVRAA Regulations – Compensation Data

Recent changes to the Section 503 and VEVRAA regulations, along with the new itemized listing for OFCCP compliance reviews, require consideration of a number of strategic matters affecting how contractors choose to position themselves before and after receiving a scheduling letter.  Some of the key considerations include the creation and retention of records; the provision of those records to the OFCCP; and the structure of job groups in current AAPs.  These considerations are set forth in more detail below. 

Compensation Data

Item 19 of the Scheduling Letter requiring the provision of compensation data is substantially expanded from the prior version.  Item 19 now requires submission of “employee level” (e.g. individualized) compensation data.  This data includes: 

  • Employee ID or name
  • Gender
  • Race/ethnicity
  • Hire date
  • Job title
  • EEO-1 category
  • Job Group
  • Compensation 

Continue reading Strategic Considerations in Complying with the OFCCP’s New 503/VEVRAA Regulations – Compensation Data

Listing Remote Jobs in Compliance with VEVRAA Regulations

In response to questions regarding compliance with the VEVRAA requirement that all covered job openings be listed with the appropriate state job delivery system, the OFCCP has published the following FAQ: 

  1. 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 or local ESDS where the work unit, division, department or supervisor to which the employee will report or be assigned is located.

Record Retention – Self-ID Forms

In response to questions regarding demonstrated compliance with the 503 requirement regarding retention of self-id forms, the OFCCP has published the following FAQ: 

4.   What information must a contractor store in order to demonstrate its compliance with the requirement to invite voluntary self-identification of disability from applicants and employees? 

Regarding paper invitations – a contractor that invites voluntary self-identification of disability by using paper copies of the OFCCP self-identification form must retain either the hard copies of the completed self-identification forms, or electronic copies (e.g., pdf, scanned, etc.) of the completed paper forms. The contractor must also retain any log, spreadsheet, or database that it may have developed to record the data from the self-identification forms. Continue reading Record Retention – Self-ID Forms

New VETS-4212 Report and Revised Veterans Post-Offer Self-ID

Beginning in 2015, employers will no longer be filing VETS-100 or VETS-100A reports. Consistent with OFCCP’s deletion of Section 250 of the VEVRAA regulations and implementation of the new regulations, the Veterans’ Employment and Training Service (VETS) has eliminated the VETS-100 form, which applied only to contracts entered into prior to December 1, 2003.  

Additionally, VETS has revised and renamed the VETS-100A report. The new report will be called the “VETS-4212,” named after the U.S. Code Section where the VEVRAA regulations are published.  The most notable difference between the VETS-100A and the new VETS-4212 report is that employers will no longer be required to collect or report data on the specific categories of protected veterans.  Instead, employers will simply report the aggregate number of all protected veterans within each EEO category.  Continue reading New VETS-4212 Report and Revised Veterans Post-Offer Self-ID

Revised OFCCP Scheduling Letter

On September 30, 2014, the OFCCP announced that the Office of Management and Budget (OMB) had approved most of the revisions to the OFCCP’s scheduling letter originally proposed in May of 2011. The revisions fundamentally change the data that must be collected and submitted to the Agency during the initial desk audit portion of a compliance review.  

Most striking is the expansion to 22 items, from 11, items that will have to be submitted in response to the receipt of a scheduling letter.   The OFCCP estimates that contractors will have to spend only 27.9 hours on evaluating instructions, searching data sources, gathering and maintaining data, and completing and evaluating the collection of the requested data.  This estimation speaks for itself.  Continue reading Revised OFCCP Scheduling Letter

Revised 503/VEVRAA Implementation Checklist

Below is an updated 503/VEVRAA Implementation Checklist for your use in meeting the obligations required under the regulations recently published by the OFCCP.   This checklist is more detailed and thorough than the previous version provided in our webinars held earlier this year for the initial roll-out of the new regs.

This checklist provides a comprehensive overview of the actions required for a successful implementation of the new regs. Please do not hesitate to contact us if there are any questions regarding the checklist or if you wish to receive copies of the samples referenced.  Continue reading Revised 503/VEVRAA Implementation Checklist