affirmative action paper (d0252290-3).doc54.172.75.36/documents/examples of practices aaps.doc ·...

Examples of Practices: Federal Affirmative Action Programs for Qualified Individuals with Disabilities and Qualified Disabled Veterans

November 2009

This paper was funded by the Office of Disability Employment Policy, US Department of Labor under a contract to Economic Systems Inc. The opinions contained in this paper are those of the authors and do not necessarily represent those of the Department of Labor or any other agency or department of the federal government.

Table of ContentsI. Introduction...........................................................................................................................1

1. Resources and Literature....................................................................................................12. Organization........................................................................................................................3

II. Equal Opportunity Policy Statement......................................................................................41. Section 503 and VEVRAA Policy Frameworks......................................................................42. OFCCP Sample AAP.............................................................................................................53. Examples of Policies............................................................................................................5

III. AAP: Review of Personnel Processes..................................................................................81. Section 503 and VEVRAA Policy Frameworks [60-741.44(b); 60-300.44(b)].......................82. OFCCP Sample AAP.............................................................................................................93. Examples of Policies and Practices......................................................................................9

IV. Review of Physical and Mental Job Qualification Standards.............................................111. Section 503 and VEVRAA Policy Frameworks [60-741.44(c ); 60-300.44(c )]....................112. OFCCP Sample AAP...........................................................................................................113. Examples of policies and practices....................................................................................12

V. Reasonable Accommodation to Physical and Mental Limitations.......................................141. Section 503 and VEVRAA Policy Frameworks [60-741.44(d); 60-300.44(d); 61 FR 19345]142. OFCCP Sample AAP...........................................................................................................143. Examples of Policies and Practices from EEOC Guidance under Section 501 of the Rehabilitation Act.................................................................................................................... 144. Examples of Selected Portions of AAPs Related to Reasonable Accommodations Submitted to OFCCP.................................................................................................................155. Examples of Practices from Roadmaps and the Section 188 Disability Checklist..............16

VI. Harassment Prevention Procedures.................................................................................191. Section 503 and VEVRAA Policy Frameworks....................................................................192. OFCCP Sample AAP...........................................................................................................19

VII. External Dissemination of Policy, Outreach and Positive Recruitment.............................201. Section 503 and VEVRA Policy Frameworks [60-741.44(f); 60-300.44(f)].........................202. OFCCP Sample AAP...........................................................................................................213. Examples of Selected Portions of AAPs Related to External Dissemination of Policy Submitted to OFCCP.................................................................................................................224. Examples of Practices from the Roadmaps and “Universal Strategies” Documents.........25

VIII. Internal Dissemination of Policy....................................................................................271. Section 503 and VEVRAA Policy Frameworks [60-741.44(g); 60-300.44(g)]......................272. OFCCP Sample AAP...........................................................................................................283. Examples of Practices from Section 501 Policy Framework..............................................284. Examples of Selected Portions of AAPs Related to Internal Dissemination......................295. Roadmaps for Enhancing Employment of Persons with Disabilities through Accessible Technology...............................................................................................................................30

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IX. Audit and Reporting System.............................................................................................321. Section 503 and VEVRAA Policy Framework.....................................................................322. OFCCP Sample AAP...........................................................................................................323. Examples from Selected Portions of AAPs Related to Audits and Reporting Submitted to OFCCP...................................................................................................................................... 33

X. RESPONSIBILITY FOR IMPLEMENTATION OF AAP................................................................351. Section 503 and VEVRAA Policy Frameworks [60-741.44(j); 60.300.44(j)]........................352. OFCCP Sample AAP...........................................................................................................353. Examples from EEOC Guidance Regarding Implementation of Section 501 of the Rehabilitation Act.................................................................................................................... 36

XI. Training to Ensure AAP Implementation...........................................................................381. Section 503 and VEVRAA Policy Frameworks [60-741.44(j); 60-300.44(j)].......................382. OFCCP Sample AAP...........................................................................................................383. Examples from “Universal Strategies” Document.............................................................38

XII. Self-Identification..............................................................................................................401. Section 503 and VEVRAA Policy Framework.....................................................................402. OFCCP Sample AAP...........................................................................................................43

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I. IntroductionPresident Obama has established a comprehensive agenda for enhancing equality of opportunity for persons with disabilities. The President’s agenda includes “increasing the employment rate of workers with disabilities by effectively implementing regulations that require the federal government and its contractors to employ people with disabilities.” Such regulations include section 503 of the Rehabilitation Act of 1973 as amended (Section 503), its implementing regulations, the Vietnam Era Veterans’ Readjustment Act of 1974 as amended (VEVRAA), and its implementing regulations, which require that government contractors provide equal opportunity to qualified individuals with disabilities and qualified disabled veterans. In addition, under Section 503 and VEVRAA, contractors must take affirmative action to employ and advance in employment qualified individuals with disabilities and qualified disabled veterans. This includes recruitment, advertising, and job application procedures. Section 503 and VEVRAA are administered by the Office of Federal Contract Compliance (OFCCP) in the Department of Labor.

The purpose of this guide is to provide examples of practices that contractors may use to meet their obligations under Section 503 and VEVRAA with respect to their affirmative action program (AAP). This technical assistance document has been prepared by Robert “Bobby” Silverstein of Powers, Pyles, Sutter, & Verville, PC in partnership with Economic Systems Inc. (EconSys) and Bender Consulting Services, Inc. The project has been funded by the Office of Disability Employment Policy (ODEP), US Department of Labor under a contract awarded to EconSys.

The examples of practices included in this technical assistance guide are not mandatory requirements under Section 503, VEVRAA, or their implementing regulations. The examples do not create new legal requirements or change current legal requirements. Instead, they suggest ways in which contractors might meet their obligations to ensure that qualified individuals and veteran with disabilities enjoy equal opportunities in the employment application process, and to take affirmative action to employ and advance these individuals. The descriptions of possible approaches in this technical assistance guide should not be construed as precluding contractors from devising alternative approaches to meeting their legal obligations.

1. Resources and LiteratureThis guide is based on a thorough review of the following laws, regulations, policy guides and interpretations, documents, and technical assistance papers:

The Section 503, VEVRAA, and the Americans with Disabilities Act (ADA) policy frameworks, including the statutes, regulations, guidelines, technical assistance manuals and letters of interpretation by various federal agencies, including OFCCP and the Office of the Solicitor in the Department of Labor, the Equal Employment Opportunity Commission (EEOC), and the Department of Justice.

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Section 503 regulations are codified in Part 60-741 of Title 41 of the Code of Federal Regulations

VEVRAA regulations are codified in Part 60-300 and Part 60-250 of Title 41 of the Code of Federal Regulations [Part 60-300 applies only to Government contracts entered into or modified on or after December 1, 2003. The existing VEVRAA regulations found in Part 60-250 will continue to apply to Government contracts entered into before December 1, 2003]

Preamble and section-by-section analysis accompanying the Section 503 regulation appears in the Federal Register at 61 FR 19337-19366 (May 1, 1996)

Preamble and Section-by-section analysis accompanying the VEVRAA regulations appears in the Federal Register at 72 FR 44393-44416 (August 8, 2007)

Office of Federal Contract Compliance Programs, Section 503 and VEVRAA Sample Affirmative Action Program, Washington, DC: US Department of Labor, Employment Standards Administration (2003)

Office of Federal Contract Compliance Programs, Federal Contract Compliance Manual (FCCM), Washington, DC: US Department of Labor, Employment Standards Administration

Office of the Solicitor (Civil Rights Division), Index to Administrative Decisions Under Section 503, Washington, DC: US Department of Labor, Office of Administrative Law Judges

Office of Federal Contract Compliance Programs, Federal Contractor’s Online Application System (Transmittal Number 251), Washington, DC: US Department of Labor, Employment Standards Administration (July 10, 2008)

Equal Employment Opportunity Commission, A Technical Assistance Manual on the Employment Provisions (Title 1) of the Americans With Disabilities Act (EEOC-M-1A), Washington, DC: Government Printing Office (January 28, 1992)

Civil Rights Division, Accessibility of State and Local Government Websites to People with Disabilities, Washington, DC: Department of Justice (June 2003): Available http://www.ada.gov/websites2.htm (Accessed November 10, 2009)

Actual affirmative action programs submitted to OFCCP by government contractors

Statutory, regulatory, and EEOC program directives applicable to Section 501 of the Rehabilitation Act, as amended relating to affirmative action obligations of federal agencies.

Part 1614 of Title 29 of the Code of Federal Regulations Equal Employment Opportunity Commission, Management Directive 715,

Washington, DC (October 1, 2003) Statutory, regulatory, and guidelines applicable to other civil rights provisions

Regulations implementing Section 188 of the Workforce Investment Act are codified in Part 37 of Title 29 of the Code of Federal Regulations

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Civil Rights Center, WIA Section 188 Disability Checklist, Washington, DC: Department of Labor (July 25, 2003)

State Guidance for Developing Methods of Administration Required by Regulations Implementing Section 188 of the Workforce Investment Act of 1998, 65 FR 51984-51985 (August 25, 2000)

Regulatory provisions related to affirmative action governing other protected classes, including statutory provisions, executive orders, regulations and applicable guidelines [41 CFR Parts 60-1 and 60-2].

Policy papers and technical assistance guides developed by and/or on behalf of the Office of Disability Employment Policy (ODEP) relating to the employment of individuals with disabilities.

Hoff, David, Elena Varney, Lara Enein-Donovan, Cindy Thomas, and Sheila Lynch Fesko, “Access For All Customers: Universal Strategies For One-Stop Career Centers”, Institute Brief 26, Boston, MA: Institute for Community Inclusion (January 2009)

National Disability Rights Network, Roadmaps II: For Enhancing Employment of Persons with Disabilities through Accessible Technology, Washington, DC: Department of Labor (2007)

2. OrganizationThis guide is divided into eleven sections, which correspond to the ten components of an affirmative action program and the contractor’s policy regarding self-identification. Under each component, the guide includes the following:

References to applicable provisions of the Section 503 and VEVRAA policy frameworks

A recitation of the actual language included in OFCCP’s Sample AAP for qualified individuals with disabilities and qualified disabled veterans

Examples of practices from various sources, including AAPs submitted by government contractors to OFCCP

In its Sample AAPs, OFCCP makes reference to a fictitious Government contractor, “Federal Contract, Incorporated” (FCI). For purposes of conformity, each section of this guide that includes supplemental examples of practices also makes reference to “FCI”.

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II. Equal Opportunity Policy StatementThis section of the guide relates to the first component of an AAP—the equal opportunity policy statement. Specifically, the section includes the following:

A brief description of the Section 503 and VEVRAA policy frameworks The OFCCP Sample AAP relating to the equal opportunity policy statement Examples of policies and practices that may be used to supplement the policies

and practices set out in the OFCCP Sample AAP

1. Section 503 and VEVRAA Policy FrameworksIn accordance with the regulations implementing Section 503 and VEVRAA, the contractor shall include an equal opportunity policy statement in its affirmative action program and shall post the policy statement on company bulletin boards. The contractor must ensure that applicants and employees with disabilities are informed of the contents of the policy statement (for example, the contractor may have the statement read to an individual with a vision impairment or may lower the posted notice so that it may be read by a person in a wheelchair).1

The policy statement should indicate the CEO’s attitude on the subject matter, provide for an audit and reporting system, and assign overall responsibility for the implementation of affirmative action activities. Additionally, the policy should state, among other things, that the contractor will:

Recruit, hire, train, and promote persons in all job titles Ensure that all other personnel actions are administered without regard to

disability Ensure that all employment decisions are based only on valid job requirements

The policy must also state that employees and applicants shall not be subjected to harassment, intimidation, threats, coercion, or discrimination because they engaged in or may engage in any of the following activities:

Filing a complaint Assisting or participating in an investigation, compliance review, hearing, or any

other activity related to the administration of Section 503 (and/or VEVRAA) or any other federal, state, or local law requiring equal opportunity for persons with disabilities

Opposing any act or practice made unlawful under Section 503 (and/or VEVRAA), their implementing regulations, or any other federal, state, local law requiring equal opportunity for persons with disabilities

Exercising any other right protected by Section 503 (and/or VEVRAA) or their implementing regulations

1 60-741.44(a); 60-300.44(a); Preamble 61 FR 19345

2. OFCCP Sample AAP“It is the policy of Federal Contractor, Inc. (FCI) not to discriminate against any employee or applicant for employment because he or she is a qualified individual with a disability, a disabled veteran, a newly separated veteran, a campaign veteran, or an armed forces service medal veteran (i.e., qualified protected veterans). It is also the policy of FCI to take affirmative action to employ, and to advance in employment, all persons regardless of their status as qualified individuals with disabilities or qualified protected veterans, and to base all employment decisions only on valid job requirements. This policy shall apply to all employment actions, including but not limited to recruitment, hiring, upgrading, promotion, transfer, demotion, layoff, recall, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, at all levels of employment.

“Employees of and applicants to FCI will not be subject to harassment, intimidation, threats, coercion, or discrimination because they have engaged or may engage in filing a complaint, assisting in a review, investigation, or hearing, or have otherwise sought to obtain their legal rights related to any Federal, State, or local law regarding EEO for qualified individuals with disabilities or qualified protected veterans.

“As General Manager of FCI, I am committed to the principles of Affirmative Action and Equal Employment Opportunity. In order to ensure dissemination and implementation of equal employment opportunity and affirmative action throughout all levels of FCI, I have selected the Personnel Manager as the Equal Employment Opportunity Manager for FCI. One of the Personnel Manager’s duties will be to establish and maintain an internal audit and reporting system to allow for effective measurement of FCI’s programs.

“In furtherance of FCI’s policy regarding Affirmative Action and Equal Employment Opportunity, FCI has developed a written Affirmative Action Program which sets forth the policies, practices, and procedures that FCI is committed to applying in order to ensure that its policy of non-discrimination and affirmative action for qualified individuals with disabilities and qualified protected veterans is accomplished. This Affirmative Action Program is available for inspection by any employee or applicant for employment upon request, during normal business hours, in the Administration Department. Interested persons should contact the Personnel Manager at 555-555-1212 for assistance.”

3. Examples of PoliciesBelow are examples of statements of equal opportunity policy gleaned from a review of the Section 503 and VEVRAA policy frameworks. They include an amalgamation of actual statements of commitment to affirmative action and equal opportunity from particular Government contractors which have a reputation for recruiting, hiring, and promoting qualified individuals with disabilities and qualified disabled veterans.

These statements supplement the statements in the OFCCP Sample AAP:

“FCI recognizes the capabilities and contributions of people with disabilities. We have seen the benefits of recruiting, employing, and promoting people with disabilities, and we recognize that they provide a valuable resource in helping to ensure that our products meet all of our customers’ needs. FCI is proud of its commitment to diversity and inclusion among its employees. We believe that having a diverse workplace isn't just the right thing to do, it makes good business sense. We strive to capitalize on the strengths of our many differences and the advantages of an inclusive workplace.”

“FCI’s affirmative action program for employment of qualified individuals with disabilities and qualified disabled veterans is an action-oriented program designed to enhance the opportunities for qualified individuals with disabilities and qualified disabled veterans.

“We recognize that the duty to take affirmative action regarding the employment of qualified persons with disabilities and qualified disabled veterans subsumes the duty not to discriminate. Nondiscrimination is the starting point—the first step required in fulfilling our affirmative action obligation. We believe that affirmative action includes much more than nondiscrimination on the basis of disability; affirmative action includes instituting a system of proactive, positive measures and steps that provide qualified persons with disabilities and qualified disabled veterans effective opportunity with respect to all employment activities (i.e., recruitment, selection, hiring, placement, promotion, transfer, layoff, termination, compensation, and training) at all levels of employment (including the executive level).

“Our system of proactive, positive measures and steps includes efforts to prevent discrimination on the basis of disability before it occurs by periodically, carefully, and thoroughly evaluating and monitoring our employment practices to identify and detect barriers to employment, and, where such barriers are identified, eliminate and remedy them.

“Our affirmative action program also includes expanded outreach, recruitment, mentoring, training, and management development and creating a work environment that actively welcomes and fosters advancement of qualified individuals with disabilities and qualified disabled veterans.”

“I, as President and CEO of FCI, have the responsibility to ensure that equal employment and affirmative action receive the appropriate level of attention and strong management support. I will hold each officer and manager accountable for the prompt execution of necessary preventive, corrective, and affirmative actions.”

“FCI includes in all Purchase Orders a written notification of its affirmative action policy to all subcontractors, vendors, and suppliers requesting appropriate action on their part. For example, FCI adopts criteria for the purchase and use of information and communication technology by FCI that is accessible to and

usable by persons with disabilities and others, and reflects universal design features.”

“FCI favors suppliers who have a social and political commitment to basic principles of human rights and who do not discriminate against their employees in hiring practices or any other term or condition of work, on the basis of race, color, gender, sexual orientation, national origin, religion, disability, age, or political opinion.”

III. AAP: Review of Personnel ProcessesThis section of the guide relates to the second component of an AAP—the review of personnel processes. Specifically, the section includes the following:



1. Section 503 and VEVRAA Policy Frameworks [60-741.44(b); 60-300.44(b)]2

In accordance with the regulations implementing Section 503 and VEVRAA, the contractor must ensure that its personnel processes provide for careful, thorough, and systematic consideration of the job qualifications of applicants and employees with known disabilities for job vacancies filled either by hiring or promotion, and for all training opportunities offered or available. The contractor shall ensure that its personnel processes do not stereotype disabled persons in a manner which limits their access to all jobs for which they are qualified. The contractor shall periodically review such processes and make any necessary modifications to ensure that these obligations are carried out. A description of the review and any necessary modifications to personnel processes or development of new processes shall be included in any affirmative action programs required. The contractor must design procedures that facilitate a review of the implementation of this requirement by the contractor and the Government.

Appendix C to Part 60-741, Review of Personnel Processes, contains an example of an appropriate set of procedures. The following are selected examples of procedures which contractors may use to meet the requirements of 60-741.44(b) relating to personnel processes:

The application or personnel form of each known applicant with a disability should be annotated to identify each vacancy for which the applicant was considered, and the form should be quickly retrievable for review by DOL and the contractor’s personnel officials for use in investigations and internal compliance activities.

The personnel or application records of each known individual with a disability should include the identification of each promotion for which the employee with a disability was considered, and the identification of each training program for which the individual with a disability was considered.

2. OFCCP Sample AAP“FCI reviews annually its personnel processes to determine whether its present procedures assure careful, thorough, and systematic consideration of the qualifications of known qualified individuals with disabilities and qualified protected veterans. This 2 See also Appendix C to Part 60-741, Review of Personnel Processes.

review covers all procedures related to the filling of job vacancies either by hire or by promotion, as well as all training opportunities offered or made available to employees.

“In determining the qualifications of veterans, FCI limits its consideration of a qualified protected veteran’s military record, including discharge papers, to only that portion of the record that is relevant to the specific job qualifications for which the veteran is being considered.

“Based upon FCI’s review of its personnel processes, FCI will modify the personnel processes when necessary, and will include the development of new procedures in this Affirmative Action Program to ensure equal employment opportunity. To date, no modifications have been necessary.”

3. Examples of Policies and PracticesBelow are selected portions of statements taken from actual AAPs which supplement the language included in the OFCCP Sample AAP:

“In order to determine whether an individual is qualified for a particular job, a close examination of the content of the job is made, as well as a review of the job qualifications of known disabled veterans and individuals with disabilities. In determining the qualifications of a covered veteran, consideration is given only to that portion of the military record, including discharge papers, relevant to the job qualifications for which the veteran is being considered. The following steps are in the review process:

a) “Review employment records to determine the availability of promotable and transferable qualified disabled veterans and individuals with disabilities presently employed, and determine whether their present and potential skills are being fully utilized or developed. Note each instance where full representation or development is not accomplished to address the disparity between incumbency and availability and implement, and report the results.

b) “Ensure annotation of the personnel form of each known covered veteran or employee with disabilities to identify each vacancy for which the individual was considered, and ensure these forms are quickly and easily retrievable for review and internal auditing activities.

c) “Ensure documentation is provided on personnel records of each known covered veteran or employee with disabilities to include promotion for which the employee is considered and training programs for which the employee is considered.

d) “In each instance where a covered veteran or employee with disabilities is rejected for promotion or training, ensure a written statement for the reason for rejection is attached to the personnel file. Ensure the statement includes a comparison of the qualifications of the covered veteran or employee with disabilities with those of the person selected and a description of the accommodations considered where appropriate. Ensure this statement is made available to the employee upon request.

e) “When accommodations were undertaken which made it possible to promote or train a covered veteran or employee with disabilities, attach a description of the accommodation to the personnel file.

“FCI ensures that its personnel processes do not stereotype disabled veterans, recently separated veterans, other protected veterans, armed forces service medal veterans, or individuals with disabilities in a manner which limits their access to jobs for which they are qualified.

“FCI will also examine and compare minimum medical requirements, from entry to the actual duties and physical demands, of each reviewed job qualification.

“When appropriate, FCI will provide the examining physician with information about the work prospective employees will perform in the reviewed job classifications; identify each physical requirement from the job analysis; identify all related working conditions and hazards; and ensure that the physician understands FCI’s desire to eliminate all unnecessary or non-job-related medical requirements.

“If needed, provide the physician with any identified possible accommodations to disabilities.

“If appropriate, give the medical examination only after an offer of employment is made. Whenever an inquiry is made into an employee’s physical or mental condition, or a medical examination is conducted due to a change in employment status, the information is kept confidential except as otherwise provided for in the regulations.”

IV. Review of Physical and Mental Job Qualification StandardsThis section of the guide relates to the third component of an AAP—the review of physical and mental job qualification standards. Specifically, the section includes the following:



1. Section 503 and VEVRAA Policy Frameworks [60-741.44(c ); 60-300.44(c )]

In accordance with regulations implementing Section 503 and VEVRAA, the contractor must provide in its affirmative action program, and shall adhere to, a schedule for the periodic review of all physical and mental job qualification standards to ensure that, to the extent qualification standards tend to screen out qualified individuals with disabilities, they are job-related for the position in question and are consistent with business necessity. The contractor shall have the burden to demonstrate that the standards are job related and consistent with business necessity. The contractor may also use the direct threat defense.

2. OFCCP Sample AAP“The physical and mental job qualifications of all jobs were reviewed during calendar year 2003 to ensure that, to the extent that such qualifications requirements tend to screen out qualified individuals with disabilities and qualified disabled veterans, job qualifications are consistent with business necessity and the safe performance of the job.

“No qualification requirements were identified which had a screening effect. All job qualification requirements were found to be job-related and consistent with business necessity and safety.

“FCI will continue to review physical and mental job qualification requirements whenever a job is vacated and FCI intends to fill it through either hiring or promotion, and will conduct a qualification review whenever job duties change.

“No pre-employment physical examinations or questionnaires are used by FCI’s hiring process.

“If at any time in the future FCI should inquire into an employee’s physical or mental condition or should conduct a medical examination prior to a change in employment status, FCI affirms that information obtained as a result of the inquiry will be kept confidential, except as otherwise provided for in the Section 503 regulations. The result of the examination or inquiry will be used in accordance with the Section 503 regulations.”

3. Examples of policies and practicesBelow are selected portions of statements taken from actual AAPs that supplement the language included in the OFFCP Sample AAP.

“To ensure that all physical and mental qualifications and requirements are job-related and promote equal employment opportunity for all known covered veterans and employees with disabilities, reviews are periodically made of FCI’s physical and mental qualifications and requirements as they relate to employment, training, and promotion.”

“Any previously-reviewed classification will be reviewed again if there is a change in working conditions which affects the job’s physical or mental requirements (e.g., new requirements, new equipment).”

“These reviews were conducted through combined efforts of a medical professional, personnel manager, and respective supervisors of each department. As a result of these reviews, functional requirements have been designated for each job. These functional requirements are reviewed as job openings occur and disabled individuals/special disabled veterans are considered for those jobs.”

Listed below are the steps used in conducting the physical and mental job requirements review for each job classification:

“A job analysis is conducted by subject-matter experts (personnel department staff, job incumbents, supervisors, and/or trainers) using a methodology which addresses the content validity requirements of the Uniform Guidelines on Employee Selection Procedures, the requirements of the ADA, and the EEOC’s Technical Assistance Manual for ADA. The job analysis identifies the essential job duties, tasks, and responsibilities—as well as the knowledge, skills, and abilities (including physical and mental requirements)—needed to perform the job in an efficient, safe manner. Therefore, the updated job description, resulting from the job analysis, includes only those job requirements that are job-related, consistent with business necessity, and required for safe performance of essential job functions.

“FCI goes beyond this required step, however, and includes a procedure to minimize any adverse impact resulting from its physical and mental requirements. Working with the same subject-matter experts and, if appropriate, specialists (such as rehabilitation counselors), and also by referencing our adverse impact analyses conducted for the classification being studied, we identify which job qualification requirements, if any, tend to screen out or might tend to screen out disabled veterans or individuals with disabilities.

“We then modify the selection procedure to reduce the disqualifying impact, and/or we develop a list of accommodations which can be made to the physical and mental limitations of an employee. Such accommodations may include providing assistive devices, removing architectural barriers, and/or restructuring work sites and job content. The list of accommodations is considered a starting

point only, with the understanding that employees may bring to our attention additional accommodations which can be made on a case-by-case basis.

“Finally, we make the job analysis, modified selection procedure, and/or list of identified accommodations available to all members of management involved in the promotion process.”

V. Reasonable Accommodation to Physical and Mental LimitationsThis section of the guide relates to the fourth component of an AAP—reasonable accommodation to physical and mental limitations. Specifically, the section includes the following:



1. Section 503 and VEVRAA Policy Frameworks [60-741.44(d); 60-300.44(d); 61 FR 19345]

In accordance with the regulations implementing Section 503 and VEVRAA, the contractor must make reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability unless it can demonstrate that the accommodation would impose an undue hardship on the operation of the business.

If an employee with a known disability is having significant difficulty performing his or her job, and it is reasonable to conclude that the performance problem may be related to the known disability, the contractor shall confidentially notify the employee of the performance problem and inquire whether the problem is related to the employee’s disability; if the employee responds affirmatively, the contractor shall confidentially inquire whether the employee is in need of a reasonable accommodation.

Appendix A to Part 60-741 includes guidelines on a contractor’s duty to provide reasonable accommodation. The guidelines are in large part derived from, and are consistent with, the discussion regarding the duty to provide reasonable accommodation contained the Interpretive Guidance on Title I of the ADA issued by the EEOC.

2. OFCCP Sample AAP“FCI commits to making a reasonable accommodation to the known physical and mental limitations of qualified individuals with disabilities and qualified disabled veterans, unless such accommodation would impose an undue hardship on the conduct of its business. In determining the extent of its obligation, FCI will consider business necessity and financial costs and expenses, among other factors.”

3. Examples of Policies and Practices from EEOC Guidance under Section 501 of the Rehabilitation Act

Below are selected portions of statements taken from EEOC guidance to federal agencies regarding the implementation of Section 501 of the Rehabilitation Act that can be used to supplement the language included in the OFFCP Sample AAP. In accordance

with EEOC Management Directive 715, federal agencies must establish written procedures for reasonable accommodation requests.3 The procedures should address at least the following:

The personnel whom employees, selectees, or applicants should initially contact to request a reasonable accommodation

The personnel forms, if any, which an individual may be asked to complete in connection with a request for an accommodation

The circumstances in which supervisors or others should initiate inquiries about the need for an accommodation

The personnel and/or offices that must approve an accommodation request The amount of time decision makers have to answer requests for

accommodation An explanation of when decision-makers may request documentation of the

existence of a disability or the need for an accommodation The resources, including technical assistance, available to decision-makers to

gain information about possible accommodations for particular disabilities The ways in which accommodations may be funded The documentation, if any, that must be maintained concerning the

consideration and disposition of requests for accommodation The process that individuals may follow to appeal denials of requests for

accommodation or for specific accommodations

4. Examples of Selected Portions of AAPs Related to Reasonable Accommodations Submitted to OFCCP

Below are examples of statements taken from actual AAPs submitted to OFCCP regarding reasonable accommodations that supplement the language included in the OFCCP Sample AAP:

“The contractor has a full-time Director of ADA Services to ensure the effectiveness of our reasonable accommodations process and to provide training to the company regarding disability issues in employment.”

“The contractor has established a number of services for accommodations and general access needs, which are listed on FCI’s website:

“The Office of the Chief Information Officer has established an Assistive Technology Team that offers computer needs assessments and assistive technology for reasonable accommodations and program accessibility. The team also tests computer software for accessibility to individuals with disabilities.

“FCI’s Assistive Technology Center showcases emerging and existing technology solutions to assist individuals with disabilities. The Center

3 Equal Employment Opportunity Commission, Management Directive 715, Washington, DC (October 1, 2003).

provides periodic demonstrations of new products where employees and supervisors may see real solutions in action.

“FCI provides Computer-Assisted Real-Time Transcription (CART) to improve access to meetings or events for deaf or hearing-impaired people

“FCI’s Alternative Format Center produces documents in Braille, audiotape, and other alternate formats.

“FCI provides services for closed- or open-captioning of videotapes, broadcast events, or live satellite feeds. All videos must be captioned.

“Information and policy on reasonable accommodations and related support services are available on FCI’s web page.

“In addition, FCI has developed a handbook on reasonable accommodations, including policy and procedures.

“FCI understands that accommodating and enabling employees to perform the necessary functions of their jobs ultimately enhances our ability to develop great products and services for everyone. One of the ways we do this is through FCI’s Accessibility Lab, which provides employees with the opportunity to experience assistive technologies and ergonomic hardware designs firsthand in the lab. This enables us to determine appropriate methods, techniques, and products that can help maintain or improve job performance while increasing comfort. The Accessibility Lab has been very helpful in assisting employees with disabilities to be more productive, comfortable, and injury-free at work.

“If an employee with a known disability is having significant difficulty performing his or her job, and it is reasonable to conclude that the performance problem may be related to the employee’s known disability, FCI will confidentially notify the employee of the performance problem and inquire whether the problem is related to the employee’s disability. If the employee responds affirmatively, FCI will confidentially inquire whether the employee is in need of a reasonable accommodation.”

5. Examples of Practices from Roadmaps and the Section 188 Disability Checklist

Below are examples of practices that are based on examples included in Roadmaps and the DOL Section 188 Disability Checklist. These examples have been modified to reflect the focus of Section 503 on Government contractors in lieu of Section 188’s focus on recipients of financial assistance under Title I of the Workforce Investment Act.

Centralized Accommodation (Including Assistive Technology) StrategiesThe company:

Provides for specialized expertise to assess and evaluate the need for reasonable accommodations, including the need for assistive technology

Establishes a mechanism for centralized payment for such accommodations

Creates an online system for tracking accommodations; i.e., documents successful strategies in order to avoid “re-inventing the wheel”

Orientation for new employees FCI asks all new employees (including individuals with disabilities) whether they

need assistance during the orientation process. FCI’s staff offers assistance in filling out forms and application materials during

orientation to all persons, including persons with disabilities. Orientation workers inform individuals that if they have a disability they can

disclose their disability and seek reasonable accommodation, reasonable modification, and auxiliary aids and services. In addition, it is made clear that disclosure is voluntary and information regarding disability will be kept confidential and maintained in a separate file.

Staff working with persons with disabilities obtain permission from such individuals before discussing information about their disabilities with other staff and other agencies.

Training To the extent FCI provides training opportunities on a self-service basis, the FCI’s

staff provides appropriate assistance to individuals with disabilities so that they can effectively benefit from such services (including assistance in using computers and other forms of technology).

To the extent FCI provides or makes available through contract or other arrangement training services, FCI collaborates with other agencies that have knowledge of promising practices for addressing the unique needs of individuals with disabilities.

Reasonable modifications are made to eligibility criteria for training services in order to ensure that individuals with disabilities have an opportunity to benefit from such services that is as effective as that provided to nondisabled customers.

Manuals, guidelines, or other materials used by FCI's staff (and used to train FCI's staff) include examples of reasonable modifications to ensure that individuals with disabilities are provided effective opportunity to benefit from training services.

Factors such as the place, time, and lighting are altered for persons with disabilities to enable them to read and comprehend materials. For example, access to a quiet environment is made available for individuals with disabilities who require such a quiet environment in order to read and comprehend materials.

Communication FCI's staff informs customers of its obligation to ensure effective communication. FCI has a list, in an accessible format, of all currently available assistive

technology devices and services.

For employees who are deaf and hard of hearing, FCI adopts the following strategies to ensure effective communication:

A staff member secures a qualified sign language interpreter, where necessary, on a timely basis.

All appropriate employees know how to use a TDD/TTY and the telephone relay service to make and receive calls. TDDs/TTYs are maintained in good working order. Test calls are made on a periodic basis to ensure that TDD/TTY calls are answered to the same extent as voice calls.

For employees who are blind or visually-impaired, FCI adopts the following strategies to ensure effective communication:

Staff members have materials transcribed into Braille or large print, recorded on audiocassette, or placed on ASCII diskette on a timely basis.

To the extent that we have a video library for use by employees, the videos purchased are available with audio descriptions.

For employees with cognitive disabilities (e.g., persons with brain injuries, mental retardation, and learning disabilities), FCI adopts the following strategies to ensure effective communication:

Other employees offer assistance with and/or extra time for the completion of forms and written instructions.

Managers and supervisors repeat instructions, provide information in a slower voice, and use simple sentences, words, and graphics (e.g., symbols, pictures).

For employees with mobility impairments, FCI adopts the following strategies to ensure effective communication:

Staff members put themselves at the wheelchair user's eye level (and if possible, sit next to the customer when having a conversation).

Staff members provide a clipboard as a writing surface if counters or reception desks are too high, and come around to the employee side of the desk/counter during interaction.

For employees with speech impairments, FCI adopts the following strategies to ensure effective communication:

If a staff member does not understand something, he or she does not pretend to understand. The staff member asks the customer to repeat what he or she said and then repeats it back.

Staff members ask questions that require only short answers, or a nod of the head.

If a staff member has difficulty understanding the customer, he or she considers having the customer write or sit at a computer screen as an alternative, but first asks whether this is acceptable.

VI. Harassment Prevention ProceduresThis section of the guide relates to the fifth component of an AAP—harassment prevention procedures. Specifically, the section includes the following:

A brief description of the Section 503 and VEVRAA policy frameworks The OFCCP Sample AAP relating to the equal opportunity policy statement

1. Section 503 and VEVRAA Policy Frameworks According to the regulations implementing Section 503 and VEVRAA, FCI must develop and implement procedures to ensure that its employees with disabilities are not harassed because of disability [60-741.44(e); 60-300.44(e)].

2. OFCCP Sample AAP“Employees of and applicants to FCI will not be subject to harassment, intimidation, threats, coercion, or discrimination because they have engaged or may engage in filing a complaint; assisting in a review, investigation, or hearing; or have otherwise sought to obtain their legal rights related to any federal, state, or local law regarding EEO for qualified individuals with disabilities or qualified protected veterans. Any employees or applicants who feel that they have been subject to harassment, intimidation, threats, coercion, or discrimination because of their disability or status as a qualified protected veteran should contact the Personnel Manager at 555-555-1213 for assistance. This policy is communicated to all employees and supervisors annually, most recently on December 1, 2003, and a notice is posted in the personnel office.”

VII. External Dissemination of Policy, Outreach and Positive RecruitmentThis section of the guide relates to the sixth component of an AAP—external dissemination of policy, outreach and positive recruitment. Specifically, the section includes the following:



1. Section 503 and VEVRA Policy Frameworks [60-741.44(f); 60-300.44(f)]

In accordance with the regulations implementing Section 503 and VEVRAA, FCI must undertake appropriate outreach and positive recruitment activities that are reasonably designed to effectively recruit qualified individuals with disabilities. The scope of the contractor’s efforts will depend on all the circumstances, including the contractor’s size and resources and the extent to which existing employment practices are adequate.

Examples of appropriate outreach and positive recruitment activities:

The contractor should enlist the assistance and support of recruiting sources (including state employment security agencies, state vocational rehabilitation agencies, sheltered workshops, college placement officers, state educational agencies, labor organizations, and organizations of or for individuals with disabilities) for the contractor’s commitment to provide meaningful employment opportunities to qualified individuals with disabilities. Formal briefing sessions should be held, preferably on company premises, with representatives from recruiting sources. Plant tours, clear and concise explanations of current and future job openings, position descriptions, worker specifications, explanations of FCI’s selection process, and recruiting literature should be an integral part of the briefing. Formal arrangements should be made for referral of applicants, follow up with sources, and feedback on disposition of applicants.

The contractor’s recruitment efforts at all schools should incorporate special efforts to reach students with disabilities. The contractor should engage in recruitment activities at educational institutions which participate in training of individuals with disabilities such as schools for the blind, deaf, or learning disabled. An effort should be made to participate in work-study programs with rehabilitation facilities and schools which specialize in training and educating individuals with disabilities.

The contractor should establish meaningful contacts with appropriate social service agencies, organizations of and for individuals with disabilities, and vocational rehabilitation agencies for such purposes as advice, technical assistance, and referral of potential employees. Technical assistance may consist

of advice on proper placement, recruitment, training, and accommodations contractors may undertake but no such authority providing technical assistance shall have the authority to approve or disapprove the acceptability of affirmative action programs.

The contractor should include individuals with disabilities when employees are pictured in consumer, promotional, or help-wanted advertising. Individuals with disabilities should be made available for participation in career days, youth motivation programs, and related activities in their communities.

The contractor should send written notification of company policy to all subcontractors, vendors, and suppliers requesting appropriate action on their part.

The contractor should take positive steps to attract qualified individuals with disabilities not currently in the workforce who have requisite skills and can be recruited through affirmative action measures. These persons may be located through the local chapters of organizations of and for individuals with disabilities.

The contractor, in making hiring decisions, should consider applicants with known disabilities for all available positions for which they may be qualified when the position applied for is unavailable.

2. OFCCP Sample AAP“All subcontractors, vendors and suppliers have been sent written notification of FCI’s Equal Employment Opportunity and Affirmative Action policy regarding employment of qualified individuals with disabilities and qualified protected veterans.

“All recruiting sources, including State employment agencies, educational institutions, and social service agencies, have been informed of FCI’s policy concerning the employment of qualified individuals with disabilities and qualified protected veterans and have been advised to actively recruit and refer qualified persons for job opportunities.

“FCI lists all suitable employment openings with the appropriate local office of the State Employment Service and maintains regular contact with the local Veterans Employment Representative. A copy of FCI’s Affirmative Action Policy for qualified individuals with disabilities and qualified protected veterans is provided to the State Employment Service annually.

“Formal briefing sessions are held with representatives from recruitment sources and placement agencies, which include facility tours, discussion of current and prospective position openings, job descriptions and required qualifications and explanations of FCI’s selection procedures. Formal arrangements have been made to ensure that each recruitment source is provided with timely notice of job opportunities to ensure that recruitment sources have an opportunity to refer qualified candidates.

“FCI participates in local job fairs sponsored by support groups for qualified individuals with disabilities and qualified protected veterans.

“The equal employment opportunity clause concerning the employment of qualified individuals with disabilities and qualified protected veterans is included in all nonexempt subcontracts and purchase orders.”

3. Examples of Selected Portions of AAPs Related to External Dissemination of Policy Submitted to OFCCP

Below are examples of statements related to external dissemination of policy that supplement statements included in the OFCCP Sample AAP.

“FCI’s external policy dissemination, outreach, and positive recruitment efforts may include the following practices:

“Establishing meaningful contacts with appropriate social service agencies, organizations of and for individuals with disabilities and covered veterans, and vocational rehabilitation agencies and facilities, for such purposes as advice, technical assistance, and referral of potential employees. For example, FCI has partnered with the Disabled American Veterans to provide flexible work options to veterans with disabilities. Also, FCI participates in Seamless Transition Apprenticeship Program, a collaborative effort with the US Department of Veterans Affairs Vocational Rehabilitation and Employment Services to provide veterans with employment, mentoring, coaching, training, and other employment services.

“Listing with JobCentral.com and Direct Employers Network Sites all job openings for which external recruiting will occur, with the exception of executive and top management positions. These Direct Employers Network Sites include DiversityWorking.com, disABLEperson.com, Disaboomjobs.com and VETcentral.com. In addition, FCI has a presence on 100 diversity websites, including the National Business and Disability Council site and Monsterdiversity.com, and through FCI’s relationship with CareerBuilder.com, including Disasbilityjobs.org, AbilitesOnLine.org, and VeteransEnterprise.com.

“Taking positive steps to attract qualified individuals with disabilities and qualified covered veterans not currently in the workforce who have requisite skills and can be recruited through affirmative action measures. For example, FCI annually manages as part of its Military Outreach Plan approximately 160 nationwide transitioning military events (e.g., job fairs and transition assistance seminars). FCI partners with both Entry Point and Emerging Leaders to provide internship opportunities to students with disabilities and attends numerous job fairs targeting individuals with disabilities and covered veterans such as Careers in the Disabled and Hiring for Heroes Job Fairs.

“Disseminate information concerning employment opportunities to radio and television stations, and to publications that primarily reach disabled veterans and individuals with disabilities.

“Include in all Purchase Orders a written notification of FCI’s affirmative action policy to all subcontractors, vendors, and suppliers requesting appropriate action on their part.

“Sending written notification of FCI’s policy regarding the employment of qualified individuals with disabilities and covered veterans to all subcontractors, vendors, and suppliers, requesting appropriate action on their part.

“Participate in job fairs and work study programs with VA Administration rehabilitation facilities and schools which specialize in training or educating disabled veterans.

“FCI has solidified relationships with Bender Consulting Services, the Office of Vocational Rehabilitation, Goodwill Industries, and the National Technical Institute for the Deaf. Through these partnerships we are able to employ individuals with disabilities and provide comparable access to electronic and information technology in the workplace.

“FCI is a member of the Circle of Champions, established by the US Department of Labor’s Office of Disability Employment Policy, to recognize employers that have demonstrated exemplary and innovative efforts in furthering the employment and workplace environment for people with disabilities.

“FCI is a member of the State Business Leadership Network and a member of the US Business Leadership Network. Both of these organizations foster effective relationships designed to ensure employment opportunities for individuals with disabilities and covered veterans.

“FCI has developed a variety of resources and networks to enhance opportunities for employment and assist in actively recruiting people with disabilities. Some resources that FCI will use are:

“State VR Agencies and the US Department of Veterans Affairs “The Job Accommodation Network (JAN) provides expert accommodation

information before, during, and after the recruitment process. JAN is a confidential service that allows any manager or employee to receive individualized information on his or her accommodation issue.

“The Workforce Recruitment Program for College Students with Disabilities. It is a resource used to connect public and private sector employers nationwide with highly motivated post-secondary students and recent graduates with disabilities.

“Project ABLE is a national résumé bank that provides employers an easily accessible applicant pool of qualified job-ready individuals. The goal is to provide employers convenient access to quality human resources while providing training and employment services to eligible individuals with disabilities.

“FCI uses the Internet to assist in recruiting individuals with disabilities and raising awareness of FCI as an employer. Internally, FCI will use its Intranet and e-mail systems to publicize diversity recruitment initiatives, including the employment of people with disabilities, and post related reports on the web.

“FCI will employ students with disabilities through student employment programs and will place greater emphasis on employment strategies to recruit students with disabilities. FCI uses the Student Temporary Employment Program

(STEP) and the Student Career Experience Program (SCEP) as well as the Workforce Recruitment Program (WRP). Coordinated by the Office of Disability Employment Policy and the US Department of Defense, the WRP is a recruitment and referral program that connects federal and private sector employers with highly motivated postsecondary students with disabilities who are eager to prove their abilities in the workplace through summer or permanent jobs. Annually, trained recruiters from WRP's federal agency partners conduct personal interviews with more than 1,900 students with disabilities at college and university campuses across the nation, and develop a database listing the qualifications of each student. This searchable database is available to federal Human Resource Specialists, Equal Opportunity Employment Specialists, and other hiring officials in federal agencies at the WRP federal website. Employers in the private and non-profit sectors can gain access to the WRP's pool of candidates through the Employer Assistance and Resource Network (EARN) (www.earnworks.com/wrp), a free service of ODEP.

o “College career counselors or disability student services providers who would like to schedule a recruitment trip to their campuses in 2010 can see the Information Brochure below or contact [email protected]. Students interested in the program must work through their colleges. Due to limited staff resources, the Office of Disability Employment Policy cannot respond to direct student inquiries.

“The Employer Assistance & Resource Network provides employers with free consulting services and resources to support the recruitment and hiring of people with disabilities.

“Recruiting programs shall be established, as appropriate, and assistance of recruiting sources shall be enlisted where applicable and feasible from:

“State Employment Services “Vocational Rehabilitation Agencies “Easter Seal Rehabilitation Centers “Veterans Administration Regional Office “National Association of Disabled Veterans “Paralyzed Veterans of America

“FCI has established meaningful contacts with appropriate organizations for individuals with disabilities and covered veterans, and vocational rehabilitation agencies, for such purposes as advice, technical assistance, and referral of potential employees. ABLE, an affinity network formed in 2006, focuses on disability issues and coordinates many efforts directed toward people with disabilities. ABLE strives to:

“Facilitate an inclusive and accessible environment for staff affected by disability issues

“Collaborate with communities to increase inclusion and access for people with disabilities living in those communities

“Support FCI’s talent to attract, recruit, develop and retain top talent from within the disability community

“Links to applicable websites for veterans, disabled veterans, and reservists is also available through our company’s website”

4. Examples of Practices from the Roadmaps and “Universal Strategies” Documents

Set out below are examples of practices included in the Roadmaps document and the “Universal Strategies” document. The examples may serve as the basis for examples of practices that could be addressed by Government contractors in their AAPs. References in the Universal Strategies document to “One-Stop Career Centers” have been replaced with “contractor” or “FCI”.

Strategic PartnershipsThe company establishes strategic partnerships with resources in the community to gain insight, information, and expertise, including sources for blending and braiding of funding from existing funding sources, and access to pools of prospective employees. Strategic partnerships include developing relationships with local business associations and organizations; public agencies such as vocational rehabilitation agencies, One-Stop Career Centers, and mental retardation/developmental disabilities agencies; community-based organizations; publicly-supported institutions providing training and technical assistance; public school systems; institutions of higher education (particularly community colleges); and private vendors.

Consulting with Community Groups Actively creating and maintaining relationships with a broad range of community

organizations and agencies Educating community groups about employment-related opportunities (e.g.,

mentoring or shadowing) that are available Asking community groups to encourage their members, customers, and

constituents to take advantage of any employment-related opportunities Conducting tours of FCI or service provider facilities, in partnership with

community organizations, to help job seekers from those organizations become familiar with the facilities and the opportunities that are available

Recruiting non-affiliated individuals with disabilities and disabled veterans, as well as representatives from the organizations in the community, to offer their input on decisions about FCI’s affirmative action program

Making Presentation to the PublicOne strategy often used by employers for getting the word out about the availability of employment-related opportunities is to make presentations to members of the community (such as Chambers of Commerce, civic groups, public forums, and other similar contexts). Specific examples of successful practices related to presentations to the public include:

When conducting outreach, recruiting qualified speakers with disabilities to present or co-present to entities in the community about the employment-related opportunities offered by FCI

As part of such general presentations, explaining that individuals with disabilities and disabled veterans are encouraged to take advantage of the employment-related opportunities offered by FCI. These explanations include the information that qualified individuals with disabilities and qualified disabled veterans may also be entitled to reasonable accommodations

Holding offsite presentations to the general public in locations that are accessible to and usable by individuals with disabilities

VIII. Internal Dissemination of PolicyThis section of the guide relates to the seventh component of an AAP—internal dissemination of policy. Specifically, the section includes the following:



1. Section 503 and VEVRAA Policy Frameworks [60-741.44(g); 60-300.44(g)]

A strong outreach program will be ineffective without adequate internal support from supervisory and management personnel and other employees who may have had limited contact with individuals with disabilities in the past. The contractor shall develop internal procedures designed to foster understanding, acceptance, and support among the contractor’s executive, management, supervisory, and other employees, and to encourage such persons to take the necessary actions to aid the contractor in meeting this obligation.

Examples of internal procedures for disseminating the affirmative action policy include the following:

Include affirmative action efforts in the contractor’s policy manual Periodically inform all employees and prospective employees of the contractor’s

commitment to engage in affirmative action to increase employment opportunities for qualified individuals with disabilities (e.g., schedule special meetings with all employees to discuss policy and explain individual employee responsibility)

Publicize its affirmative action efforts in the contractor’s newspaper, magazine, annual reports, and other media

Conduct special meetings with executive, management, and supervisory personnel to explain the intent of the policy and individual responsibility for effective implementation, making clear the CEO’s attitude

Discuss the affirmative action policy thoroughly in both employee orientation and management training programs

Meet with union officials and/or employee representatives to inform them of the contractor’s policy and request their cooperation

Include articles on accomplishments of workers with disabilities in the contractor’s publications

When employees are featured in employee handbooks or similar publications for employees, include individuals with disabilities

2. OFCCP Sample AAP“Copies of our affirmative action programs will be made available for inspection to any employee or applicant upon request to promote understanding, acceptance, and support. Policies are re-emphasized to managers and supervisors annually.

FCI’s Affirmative Action Policy and the EEO poster are posted on bulletin boards located throughout our facilities and office work areas.

“Any applicant who believes he or she is a qualified individual with a disability, as defined in Section 503 of the Rehabilitation Act of 1973 as amended, or who is a qualified protected veteran under the equal employment opportunity provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 as amended, has been invited to self-identify if he or she wishes to benefit under this affirmative action program. Such invitation has been posted on bulletin boards throughout the facility and work areas. Employees may self-identify at any time.

“All employees are advised annually of FCI’s policy and encouraged to aid in FCI’s affirmative action efforts to ensure a fair and effective program.

“Briefing sessions are conducted annually for managers and supervisors to review the applicable regulations and to discuss such affirmative action measures as training and reasonable accommodation. The last such meeting was held on December 1, 2003.

“When making internal equal opportunity audits, implementation of this affirmative action program will be reviewed.

“This facility’s Personnel Manager has attended State-sponsored workshops, which stressed the use of vocational rehabilitation agencies in hiring qualified individuals with disabilities and qualified special disabled veterans and reasonable accommodation.

“Articles (and pictures) regarding accomplishments of employees who are qualified individuals with disabilities and qualified protected veterans shall be included in Company and/or facility publications.

“At least once a year the policy is distributed to all employees.”

3. Examples of Practices from Section 501 Policy Framework EEOC Management Directive 715, regarding compliance by federal agencies with affirmative action obligations under Section 501 of the Rehabilitation Act, includes the following specific provisions for ensuring management, program accountability, and proactive prevention:

Agency managers constitute an integral part of the agency’s EEO program. Make clear that all managers and supervisors share responsibility with the EEO program and human resources for the successful implementation of EEO programs.

Inform managers and supervisors that success and a positive evaluation will include an assessment of how a manager contributes to the agency’s EEO program.

4. Examples of Selected Portions of AAPs Related to Internal Dissemination

Below are examples of statements related to internal dissemination that supplement statements included in the OFCCP Sample AAP.

“Exemplary Programs. FCI has several programs and initiatives that support our effort to ensure equal employment opportunity and affirmative action for individuals with disabilities and qualified covered veterans. Some of these activities include the following:

“Return to Work Program. FCI makes every reasonable effort to return those employees to work who have sustained work-related injuries or illnesses and as a result are prevented from returning to their full former employment. The program hopes to facilitate the employee’s return to work on a transitional or full time basis as soon as it is medically feasible to do so.

“Assistive Technology Lab. FCI has facilities to ensure that employees can acquire appropriate affordable assistive, information technologies, and services they need to work.

“Employee Resource Center. FCI has developed an Employee Resource Center which provides publications, webpage, programs (e.g., mental health provider networking events), and information raising employee awareness of available disability resources.

“High School High Tech. FCI is involved in an access program to increase the representation of individuals with disabilities in technical fields. High School High Tech is a community-based partnership of parents, educators, rehab professionals, and business representatives. Its purpose is to encourage students with disabilities to explore career opportunities in the fields of science, engineering and technology.

“ADA Executive Committee. The ADA Executive Committee is comprised of individuals throughout the university who have oversight or responsibility for accessibility issues on campus. The Committee reviews policies and procedures to ensure that disability issues are addressed.”

“The contractor has been proactive in ensuring that persons with disabilities have equal access to all leadership and career development opportunities available to employees. Examples of strategies used by FCI include the following:

“Working closely with providers of on-site training (contractors and vendors of off-the-shelf courses) to ensure they are compliant with the ADA. Any training conducted at FCI must allow all employees to be able to participate fully in the training, and course materials must be made available in alternative formats (Braille, workbooks, closed-captioned videos, etc.)

“Ensuring managers are offered specific courses, such as disability access workshops, where managers are provided with information and skills to hire and supervise employees with disabilities. They learn to ensure that the workplace is accessible and how to assess the ability of potential employees

with disabilities to perform the essential functions of the job. They also learn about reasonable accommodation program and requirements of the ADA and the Rehabilitation Act.

“Working with providers of software and online training to ensure that all courses available to employees through the Intranet/Internet meet stringent standards of accessibility.

“Sponsoring a mentoring program and encouraging all employees to participate

“Supporting a system that allows all employees the opportunity to develop new skills through details in other parts of the organization. The Mobility Assignment Program (MAP) provides competitive opportunities for individuals to be detailed to other parts of the Department where they can gain skills and new perspectives and knowledge of the organization.”

5. Roadmaps for Enhancing Employment of Persons with Disabilities through Accessible Technology

Below are examples of practices presented in ROADMAPS:

Mission statement: FCI’s mission statement recognizes the inclusion of people with disabilities and its commitment to the integration of universal design strategies into every phase of the business, including employment and every departmental function (e.g., human resources, financial, procurement, education, training, and marketing).

Procurement: FCI adopts criteria for the purchase and use of information and communication technology by FCI that is accessible to and usable by persons with disabilities and others and reflects universal design features; i.e., that redefines the corporation’s standard operating systems.

Internships, mentorships, shadowing: FCI provides opportunities for internships, mentoring, and shadowing programs to determine (without fear of litigation if things do not work out) whether there is a good match between FCI and the individual.

Disability management and prevention programs: FCI adopts disability management and prevention programs that result in workers remaining part of the workforce (i.e., that retain experienced workers and avoid re-training).

Website accessibility: FCI ensures that websites are accessible (Internet and Intranet).

Designation of authority: Centralized responsibility and source of information

FCI designates a person, position, and/or unit responsible for ensuring that consistent focus and resources are provided to employees and customers on disability matters, including the development, implementation, and evaluation of accessibility and usability (universal design) initiatives. Designation of authority includes empowering individuals with sufficient authority so that they are at the table with other key decision-makers. Designation of authority also includes serving as in-house resource and

expert and establishing a line of responsibility and accountability with goals, timetables, and budgets.

Affinity group: FCI uses existing employees with disabilities and employees that have family members or friends with disabilities to help identify:

Policies and practices that need to be addressed, expanded, and improved upon relating to how FCI can do business with its customers with disabilities from a disability perspective

Informal network of employees impacted by disability: FCI creates goodwill and a sense of community among all employees by supporting opportunities for employees to openly discuss disability-related issues. This network enables FCI to discover how many employees are parents of children with disabilities, or have husbands, wives, brothers, or sisters with disabilities.

IX. Audit and Reporting SystemThis section of the guide relates to the eighth component of an AAP—audit and reporting system. Specifically, the section includes the following:



1. Section 503 and VEVRAA Policy Framework In accordance with regulations implementing Section 503 and VEVRAA [60-741.44(h); 60-300.44(h)], the contractor must design and implement an audit and reporting system that will accomplish the following:

Measure the effectiveness of the contractor’s affirmative action program Indicate any need for remedial action Determine the degree to which the contractor’s objectives have been attained Determine whether individuals with known disabilities have had the opportunity

to participate in all company sponsored educational, training, recreational, and social activities

Measure the contractor’s compliance with the affirmative action program’s specific obligations

Where the affirmative action program is deficient, the contractor must undertake necessary action to bring the program into compliance.

2. OFCCP Sample AAP“The Personnel Manager has the responsibility for developing and preparing the formal documents of the AAP. The Personnel Manager is responsible for the effective implementation of the AAP; however, responsibility is likewise vested with each department manager and supervisor. FCI’s audit and reporting system is designed to accomplish the following:

“Measure the effectiveness of the AAP/EEO program “Document personnel activities “Identify problem areas where remedial action is needed “Determine the degree to which FCI’s AAP goals and objectives have been

obtained

“The following activities are reviewed at least annually to ensure freedom from stereotyping qualified individuals with disabilities and qualified protected veterans in any manner, including those which may limit their access to any job for which they are qualified:

“Recruitment, advertising, and job application procedures “Hiring, promotion, upgrading, award of tenure, layoff, recall from layoff “Rates of pay and any other forms of compensation, including fringe benefits “Job assignments, job classifications, job descriptions, and seniority lists “Sick leave, leaves of absence, or any other leave “Training, apprenticeships, attendance at professional meetings and conferences “Any other term, condition, or privilege of employment

“FCI’s audit system includes a quarterly report documenting FCI’s efforts to achieve its EEO/AAP responsibilities. Managers and supervisors are asked to report any current or foreseeable EEO problem areas and are asked to outline their suggestions/recommendations for solutions. If problem areas arise, the manager or supervisor is to report problem areas immediately to the Personnel Manager. During quarterly reporting, the following occurs:

“The Personnel Manager will discuss any problems relating to significant rejection ratios, EEO charges, etc., with the General Manager

“The Personnel Manager will report the status of the FCI’s AAP goals and objectives to the General Manager. The Personnel Manager will recommend remedial actions for the effective implementation of the AAP”

3. Examples from Selected Portions of AAPs Related to Audits and Reporting Submitted to OFCCP

Below are examples of statements that supplement the OFCCP Sample language:

“FCI will adhere to a ‘zero tolerance’ approach in the enforcement of its equal employment opportunity policy, with our goal being to maintain a safe and secure workplace consistent with our corporate values to do what’s right, respect others, and perform with excellence. Zero tolerance means that we will investigate thoroughly and objectively any report of violation of this policy by any leader, employee, or non-employee. We will take appropriate action, up to and including termination from employment, whenever such inappropriate behavior occurs.

“The following activities will be reviewed at least annually to ensure freedom from stereotyping qualified individuals with disabilities and qualified covered veterans in any manner, including that which may limited their access to any job for which they are qualified:

“Recruitment, advertising, and job application procedures “Hiring, promotion, role changes, layoff, and recall from layoff “Rates of pay and other forms of compensation, including fringe benefits “Job assignments, job classifications, and job descriptions “Sick leave, leaves of absence, or any other leave “Opportunities for training, attendance at professional meetings and

conferences “Any other term, condition, or privilege of employment.

“FCI’s Performance Appraisal System includes a required performance element on workforce diversity for all supervisors. During performance reviews, efforts by managers and supervisors to achieve diversity in their organization are considered, including efforts to hire people with disabilities.”

X. Responsibility for Implementation of AAPThis section of the guide relates to the ninth component of an AAP—responsibility for implementation of AAP. Specifically, the section includes the following:



1. Section 503 and VEVRAA Policy Frameworks [60-741.44(j); 60.300.44(j)]

In accordance with regulations implementing Section 503 and VEVRAA, an official of the contractor must be assigned responsibility for implementation of the contractor’s affirmative action activities. His or her identity should appear on all internal and external communications regarding the contractor’s affirmative action program. This official must be given the necessary top management support and staff to manage the implementation of the program.

2. OFCCP Sample AAP“In furtherance of FCI’s commitment to Affirmative Action and Equal Employment Opportunity for qualified individuals with disabilities and qualified protected veterans, the Personnel Manager has the responsibility for designing and ensuring effective implementation of FCI’s AAP. These responsibilities include, but are not limited to:

1. “The development of the AAP for individuals with disabilities and protected veterans; policy statements, personnel policies, and procedures; internal and external communication of these policies; and monitoring the effectiveness of these actions

2. “Reviewing all personnel actions, policies, and procedures to ensure compliance with FCI’s affirmative action obligations

3. “Reviewing the qualifications of all applicants and employees to ensure qualified individuals are treated in a nondiscriminatory manner when hiring, promotion, transfer, and termination actions occur

4. “Assisting in the identification of problem areas and in the development of solutions to those problems

5. “Monitoring the effectiveness of the program on a continuing basis through the development and implementation of an internal audit and reporting system that measures the effectiveness of the program

6. “Keeping the General Manager of FCI informed of equal opportunity progress and problems within FCI through quarterly reports

7. “Providing department managers with a copy of the Affirmative Action Program for Qualified Individuals with Disabilities and Qualified Protected Veterans, and

reviewing the program with them on an annual basis to ensure knowledge of their responsibilities for implementation of the program

8. “Reviewing FCI’s AAP for qualified individuals with disabilities and qualified protected veterans with all managers and supervisors at all levels to ensure that the policy is understood and is followed in all personnel activities

9. “Auditing the contents of company bulletin boards annually to ensure that compliance information is posted and is up-to-date

10. “Serving as liaison between FCI and enforcement agencies11. “Serving as liaison between FCI and organizations for qualified individuals with

disabilities and qualified protected veterans.”

“Responsibilities of Managers and Supervisors“Managers and supervisors are advised annually of their responsibilities under FCI’s AAP for qualified individuals with disabilities and qualified protected veterans and of their obligations to:

1. “Review FCI’s Affirmative Action Policy for qualified individuals with disabilities and qualified protected veterans with subordinate managers and supervisors to ensure that they are aware of the policy and understand their obligation to comply with it in all personnel actions

2. “Assist in the identification of problem areas, formulate solutions, and establish departmental goals and objectives when necessary

3. “Review the qualifications of all applicants and employees to ensure qualified individuals with disabilities are treated in a nondiscriminatory manner when hiring, promotion, transfer, and termination actions occur

4. “Review all employees’ performance to ensure that non-discrimination is adhered to in all personnel activities”

3. Examples from EEOC Guidance Regarding Implementation of Section 501 of the Rehabilitation Act

The EEOC Program Directive 751 regarding implementation of Section 501 of the Rehabilitation Act (affirmative action by federal agencies) includes guidance regarding responsibility for implementation of affirmative action responsibilities of federal agencies.

“To determine the sufficiency of resources, the FCI examines a number of factors, including the following:

“Whether the EEO office employs personnel with the training and experience to conduct the required analyses

“Whether the EEO staff has the knowledge, skills, and ability to ensure that agency EEO programs and procedures are effectively implemented

“Whether the EEO office has implemented adequate data collection and analysis systems that permit necessary tracking of information

“Whether there are sufficient resources to conduct effective audits

“Whether training and education programs are made available to all managers and employees

“Whether a central fund or other mechanism has been established for providing reasonable accommodations

“Whether there is in place a disability program manager or other mechanism to ensure coordination of disability accommodations in all major components of the agency

“The EEO office serves as a resource to managers by providing direction, guidance, and monitoring of key activities to achieve a diverse workplace free of barriers to equal employment opportunity.

“The EEO director regularly informs top management officials of the effectiveness, efficiency, and legal compliance of the agency’s EEO program, including regular briefings.

“EEO officials are involved in critical workplace decisions, have regular access to senior staff, and participate in meetings where critical personnel decisions regarding management and the deployment of Human Resources are made.”

XI. Training to Ensure AAP ImplementationThis section of the guide relates to the tenth component of an AAP—training to ensure AAP implementation. Specifically, the section includes the following:



1. Section 503 and VEVRAA Policy Frameworks [60-741.44(j); 60-300.44(j)]

In accordance with the regulations implementing Section 503 and VEVRAA, all personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes shall be trained to ensure that the commitments in the contractor’s affirmative action program are implemented.

2. OFCCP Sample AAP“Training is provided to all personnel involved in the recruitment, screening, hiring, promotion, disciplinary and related employment processes, to ensure that the commitments made in FCI’s AAP are implemented. Training sessions were most recently conducted on December 1, 2003.”

3. Examples from “Universal Strategies” DocumentBelow are examples of practices included in the “Universal Strategies” document. The examples identified in the document may serve as the basis for examples of practices that could be addressed by Government contractors in their AAPs. References in the Universal Strategies document to “One-Stop Career Centers” have been replaced with “contractor”.

“Specific examples of practices related to capacity building/staff training that have proven successful include the following:

“Training staff members about the range of service delivery options available to job seekers with multiple barriers to employment, and about how to help these job seekers determine their best employment options

“Including in manuals, guidelines, and other materials used by staff (and used to train staff) examples of reasonable accommodations for qualified individuals with disabilities and qualified disabled veterans

“Training staff to use nontraditional assessment strategies that maintain a focus on employee strengths

“Training staff members about when and how to lawfully and appropriately screen job seekers for non-apparent challenges and barriers to employment so that those job seekers may receive suitable services and supports and may be connected with other resources for further assessment, if appropriate

“Training specific personnel to coordinate planning teams for employees with more significant needs

“Ensuring that staff performance evaluations include requirements that staff have participated in training on effectively serving employees with disabilities

“Training staff about all applicable civil rights protections, including but not limited to the rules relating to disclosure, confidentiality, and privacy of information

“Training staff about how to procure and use various types of equipment and materials for assisting customers with disabilities. Examples of such equipment and materials includes telecommunications devices for the deaf (TTY/TDD), accessible workstations, and materials in alternative formats.

“Providing ongoing training about such equipment and materials and ensuring that they are used

“Training staff in emergency evacuation procedures, including the evacuation of persons with varying types of impairments”

XII. Self-IdentificationThis section of the guide relates to self-identification and includes a brief description of the Section 503 and VEVRAA policy framework and the OFCCP Sample AAP relating to self-identification.

1. Section 503 and VEVRAA Policy FrameworkUnder the regulations implementing Section 503 and VEVRAA [60-741.23; 60-300.23], with limited exception, it is unlawful for the contractor to require a medical exam of an applicant or employee, or to make inquiries as to whether an applicant or employee is an individual with a disability or as to the nature or severity of such disability.

The contractor may make pre-employment inquiries into the ability of an applicant to perform job-related functions, and/or may ask an applicant to describe or to demonstrate how, with or without accommodation; the applicant will be able to perform job-related functions.

The contractor may require a medical exam and/or inquiry after making an offer of employment to a job applicant and before the applicant begins his or her employment duties, and may condition an offer of employment on the results of such exam and/or inquiry if all entering employees in the same job category are subjected to such an exam and/or inquiry regardless of disability.

The contractor may require a medical exam and/or inquiry of an employee that is job-related and consistent with business necessity. The contractor may make inquiries into the ability of an employee to perform job-related functions.

Medical exams described above do not have to be job-related and consistent with business necessity. However, if certain criteria are used to screen out an applicant or applicants or an employee or employees with disabilities as a result of such exam or inquiries, the contractor must demonstrate that the exclusionary criteria are job-related and consistent with business necessity and that performance of the essential job functions cannot be accomplished with reasonable accommodations.

The contractor may conduct voluntary medical exams and activities which are part of an employee health program.

Information obtained regarding medical condition or history of any applicant or employee shall be collected and maintained on separate forms and in separate medical files and treated as confidential medical record except that:

Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the applicant or employee and necessary accommodations

First-aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment

Government officials engaged in enforcing the laws administered by OFCCP, including the Section 503 regulation or enforcing the ADA, shall be provided relevant information on request

Information obtained regarding the medical condition or history of an applicant or employee shall not be used for any purpose inconsistent with the Section 503 regulation.

In accordance with the regulations implementing Section 503 and VEVRAA [60-741.23; 60-300.23], the contractor shall invite the applicant to self-identify as an individual with a disability as specified in 60-741.42 and 60-300.42. The contractor shall, after making an offer of employment to a job applicant and before the applicant begins his or her employment duties, invite the applicant to inform the contractor whether the applicant believes that he or she may be covered by the Act and wishes to benefit under the affirmative action program [60-741.42; 60-300.42].

The contractor may invite self-identification prior to making a job offer only when:

The invitation is made when the contractor actually is undertaking affirmative action for individuals with disabilities at the pre-offer stage, or

The invitation is made pursuant to a federal, state, or local law requiring affirmative action for individuals with disabilities

The invitation must state that a request to benefit under the affirmative action program may be made immediately and/or at any time in the future. The invitation must also summarize the relevant portions of the Act and the contractor’s affirmative action program. The invitation must also state that the information is being requested on a voluntary basis, that it will be kept confidential, that the refusal to provide it will not subject the applicant to any adverse treatment, and that it will not be used in a manner inconsistent with the Act.

If an applicant so identifies him or herself, the contractor should also seek the advice of the applicant regarding proper placement and appropriate accommodation after a job offer has been extended. The contractor may also make such inquiries to the extent they are consistent with the ADA (e.g., in the context of asking applicants to describe or demonstrate how they would perform the job).

The contractor shall maintain a separate file on persons who have self-identified and provide the file to OFCCP upon request. This information may only be used in accordance with the regulation. Because a contractor usually may not seek advice from an applicant regarding placement and accommodation until after a job offer has been extended, the invitation set forth in Appendix B to Part 60-741, Sample Invitation to Self-Identify, contains instructions regarding modifications to be made if it is used at the pre-offer stage.

Nothing in this Section shall relieve the contractor of its obligation to take affirmative action with respect to those applicants or employees of whose disability the contractor

has knowledge. Nothing in this Section shall relieve the contractor from liability for discrimination under the Act.

The Preamble to the Section 503 regulation explains that the Section 503 provision is intended to comport with EEOC regulations and guidance on pre-employment inquiries. Inviting an applicant to self-identify before an offer of employment has been made is permitted only in two limited circumstances: if the invitation is made when the contractor actually is undertaking affirmative action at the pre-offer state; and if the invitation is made pursuant to a federal, state, or local law requiring affirmative action for individuals with disabilities. Further, the invitation must inform the individual that the request to benefit under the contractor’s affirmative action program may be made immediately or at any time in the future. [61 FR 19344-19345]

A note has been added at the beginning of the Appendix B to Part 60-741, Sample Invitation to Self-Identify, to state that when the invitation to self-identify is being extended prior to an offer of employment, sample text relating to identification of reasonable accommodations should be omitted. This will avoid a conflict with the EEOC’s guidance, which generally precludes asking a job applicant (prior to job offer being made) about potential reasonable accommodations. [61 FR 19349]

Sample Invitation to Self-Identify [Appendix B to Part 60-741]“Note: When the invitation to self-identify is being extended prior to an offer of employment, as permitted in limited circumstances under 60-741.42(a), paragraph 2(ii) of this Appendix, identification of reasonable accommodations should be omitted to avoid conflict with EEOC’s TA guidance.

1. “[FCI] is a Government contractor subject to Section 503 of the Rehabilitation Act of 1973, as amended, which requires Government contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities. If you have a disability and would like to be considered under the affirmative action program, please tell us. You may inform us of your desire to benefit under the program at this time and/or at any time in the future. This information will assist us in placing you in an appropriate position and in making accommodations for your disability. [insert brief provision summarizing the relevant portion of affirmative action program]. Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. Information you submit about your disability will be kept confidential except that (i) supervisors and managers may be informed regarding restrictions on the work or duties of individuals with disabilities and regarding necessary accommodations; (ii) first aid and safety personnel may be informed, when and to the extent appropriate, if the condition might require emergency treatment; and (iii) Government officials engaged in enforcing laws administered by OFCCP or the ADA may be informed.

2. “If you are a qualified individual with a disability, we would like to include you under the affirmative action program. It would assist us if you tell us about (i) any special methods, skills, and procedures which qualify you for positions that

you might not otherwise be able to do because of your disability so that you will be considered for any positions of that kind; and (ii) the accommodations which we could make which would enable you to perform the job properly and safely, including special equipment, changes in the physical layout of the job, elimination of certain duties related to the job, provision of personal assistance services or other accommodations.”

2. OFCCP Sample AAPSet out below are the Invitations to Self Identify contained in the OFCCP Sample Affirmative Action Plan.

Invitation to Self-Identify for Qualified Protected Veterans 1. “FCI is a federal contractor subject to the Vietnam Era Veterans' Readjustment

Assistance Act of 1974 as amended, which requires federal contractors to take affirmative action to employ and advance in employment qualified disabled veterans and qualified protected veterans.

2. “An invitation to veterans of the Vietnam era only: If you are a veteran of the Vietnam era, we would like to include you under our affirmative action program. If you would like to be included under the affirmative action program, please tell us. The term ‘veteran of the Vietnam era’ refers to a person who served on active duty for a period of more than 180 days, and was discharged or released there from with other than a dishonorable discharge, if any part of such active duty occurred in the Republic of Vietnam between February 28, 1961 and May 7, 1975, or between August 5, 1964 and May 7, 1975 in all other cases. The term also refers to a person who was discharged or released from active duty for a service-connected disability if any part of such active duty was performed in the Republic of Vietnam between February 28, 1961 and May 7, 1975, or between August 5, 1964 and May 7, 1975 in all other cases. o “An invitation to qualified disabled veterans only: If you are a qualified

special disabled veteran, we would like to include you in our affirmative action program. If you would like to be included under the affirmative action program, please tell us. This information will assist us in placing you in an appropriate position and in making accommodations for your disability. The term ‘qualified special disabled veteran’ refers to a veteran who is entitled to compensation (or who, but for the receipt of military retired pay, would be entitled to compensation) under laws administered by the Department of Veterans Affairs for a disability rated at 30 percent or more, or rated at 10 or 20 percent in the case of a veteran who has been determined by the Department of Veterans Affairs to have a serious employment handicap. The term also refers to a person who was discharged or released from active duty because of a service-connected disability.

o “An invitation to both (1) veterans of the Vietnam era and (2) qualified disabled veterans: If you are a veteran of the Vietnam era or a qualified special disabled veteran, we would like to include you under our affirmative

action program. If you would like to be included under the affirmative action program, please tell us. The term ‘veteran of the Vietnam era’ refers to a person who served on active duty for a period of more than 180 days, and was discharged or released there from with other than a dishonorable discharge, if any part of such active duty occurred in the Republic of Vietnam between February 28, 1961 and May 7, 1975, or between August 5, 1964 and May 7, 1975 in all other cases. The term also refers to a person who was discharged or released from active duty for a service connected disability if any part of such active duty was performed in the Republic of Vietnam between February 28, 1961 and May 7, 1975, or between August 5, 1964 and May 7, 1975 in all other cases. The term ‘qualified special disabled veteran’ refers to a veteran who is entitled to compensation (or who, but for the receipt of military retired pay, would be entitled to compensation) under laws administered by the Department of Veterans Affairs, for a disability rated at 30 percent or more, or rated at 10 or 20 percent in the case of a veteran who has been determined by the Department of Veterans Affairs to have a serious employment handicap. The term also refers to a person who was discharged or released from active duty because of a service-connected disability.

3. “You may inform us of your desire to benefit under the program at this time and/or at any time in the future.

4. “Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information provided will be used only in ways that are not inconsistent with the Vietnam Era Veterans' Readjustment Assistance Act of 1974 as amended.

5. “The information you submit will be kept confidential, except that (i) supervisors and managers may be informed regarding restrictions on the work or duties of qualified disabled veterans, and regarding necessary accommodations; (ii) first aid and safety personnel may be informed, when and to the extent appropriate, if you have a condition that might require emergency treatment; and (iii) government officials engaged in enforcing laws administered by OFCCP, or enforcing the Americans with Disabilities Act, may be informed.

6. “If you are a qualified special disabled veteran it would assist us if you tell us about (i) any special methods, skills, and procedures which qualify you for positions that you might not otherwise be able to do because of your disability so that you will be considered for any positions of that kind, and (ii) the accommodations which we could make which would enable you to perform the job properly and safely, including special equipment, changes in the physical layout of the job, elimination of certain duties relating to the job, provision of personal assistance services or other accommodations. This information will assist us in placing you in an appropriate position and in making accommodations for your disability.

7. “A written copy of this Affirmative Action Program is available for inspection by any employee or applicant for employment, during normal business hours, in the

Administration Department. Interested persons should contact the Personnel Manager at 555-555-1212 for assistance.Note: Paragraph 6 (ii) above will be omitted if this invitation to self-identify is being extended prior to an offer of employment. This avoids conflict with EEOC’s guidance under the ADA, which in most cases precludes asking a job applicant about potential reasonable accommodations prior to a job offer being made.”

Invitation to Self-Identify for Individuals with Disabilities 1. “FCI is a Government contractor subject to section 503 of the Rehabilitation Act

of 1973, as amended, which requires Government contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.

2. “If you have a disability and would like to be considered under the affirmative action program, please tell us.

3. “You may inform us of your desire to benefit under the program at this time and/or at any time in the future. This information will assist us in placing you in an appropriate position and in making accommodations for your disability.

4. “Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information provided will be used only in ways that are not inconsistent with Section 503 of the Rehabilitation Act.

5. “Information you submit about your disability will be kept confidential, except that (i) supervisors and managers may be informed regarding restrictions on the work or duties of qualified individuals with disabilities, and regarding necessary accommodations; (ii) first-aid and safety personnel may be informed, when and to the extent appropriate, if the condition might require emergency treatment; and (iii) government officials engaged in enforcing laws administered by OFCCP or the Americans with Disabilities Act, may be informed.

6. “If you are a qualified individual with a disability, we would like to include you under the affirmative action program. It would assist us if you tell us about (i) any special methods, skills, and procedures which qualify you for positions that you might not otherwise be able to do because of your disability so that you will be considered for any positions of that kind, and (ii) the accommodations which we could make which would enable you to perform the job properly and safely, including special equipment, changes in the physical layout of the job, elimination of certain duties relating to the job, provision of personal assistance services or other accommodations.

7. “A written copy of this Affirmative Action Program is available for inspection by any employee or applicant for employment, during normal business hours, in the Administration Department. Interested persons should contact the Personnel Manager at 555-555-1212 for assistance.Note: Paragraph 6 (ii) above will be omitted if this invitation to self-identify is being extended prior to an offer of employment. This avoids conflict with EEOC’s guidance under the ADA, which in most cases precludes asking a job applicant about potential reasonable accommodations prior to a job offer being made.”