Presentation TitleDate/Conference/Whatever

OFCCP

What is the OFCCP?

• Office of Federal Contract Compliance Programs (OFCCP) • Unit within the Department of Labor (DOL) • Not the Equal Employment Opportunity Commission (EEOC) • Conducts compliance reviews of companies covered by federal regulations • Examines hiring, promotion, retention, compensation practices

Data Collection

New data collection and how you need to collect it

• The number of applicants who self-identified as individuals with disabilities...or who are otherwise known to be individuals with disabilities;

• The total number of job openings and total number of jobs filled;• The total number of applicants for all jobs;• The number of applicants with disabilities hired; and• The total number of applicants hired.• In order to comply with this the contractor will have to have EVERY

applicant fill out a disclosure form similar to the EEOC form The new form, found here: http://www.dol.gov/ofccp/regs/compliance/sec503/Voluntary_Self-Iden...

Job Posting Changes

• The OFCCP has also expanded the requirement that contractors alert job seekers that they will not be discriminated against on the basis of race and gender to include disability and veteran status. 

• New Tag Line Language for Job Advertisements:•  "We are an equal opportunity employer and all qualified applicants will

receive consideration for employment without regard to race, color, religion, sex, national origin, disability status, protected veteran status, or any other characteristic protected by law."

Veterans and Disabled

Outreach to Find Veterans and Individuals with Disabilities

• OFCCP currently requires outreach and documentation of outreach

• New regulations require annual assessment of outreach efforts

• Included in each affirmative action plan update

• Assessment must include review of data collected for three years • Criteria used to assess effectiveness of outreach must be documented

• If company finds efforts were not effective, must develop action plans

• OFCCP will determine if company’s conclusion regarding outreach was reasonable

• Must send written notification to subcontractors, vendors, and suppliers

• Must undertake “appropriate outreach and positive recruitment activities”

• No specific recruitment sources required

Using Third Parties

Using Third Parties and the Employment Service Delivery Systems

• Can use “a privately run job service or exchange” if service provides information to employment service delivery system in manner and format permitted by employment service delivery system

• When third parties are used to list openings, federal contractors or subcontractors must provide employment service delivery system offices with contact information for the third party

• Disclosure must be made simultaneously with first listing with employment service delivery systems

• For larger multi-state employers, there may be extensive updates required with employment service delivery systems

Third Party Compliance Checklist

• Register employment service delivery system account(s) • Provide employment service delivery system offices with contact

information for the third party and person responsible for hiring at location • Must provide name and location of each hiring location within the state • Post open positions onto the employment service delivery system in an

acceptable format • Record/document the posting with a confirmation ID from the employment

service delivery system • Save PDF snapshots of the job postings • Collect demographic data • Record searches in the resume database • Verify job websites allow Internet accessibility for individuals with

disabilities • Send your jobs to organizations within the community for women,

minorities, individuals with disabilities, and veterans

Outreach

Specific Outreach Efforts

• Revised regulations list examples of outreach activities • Local veterans employment representative (LVER) • Disabled veterans outreach program (DVOP) • Department of Veterans Affairs (DVA) • Transition Assistance Program (TAP) • Local veterans groups • Veterans representatives on college campuses • State vocational rehabilitation agencies • Department of Veterans Affairs (DVA) • Employer Assistance and Resource Network (EARN) • Local disability groups

Outreach Efforts and Documentation

• Revised regulations encourage establishing relationships • Hold formal briefings with representatives of recruiting sources, including

facility tours • Meet with educational institutionns regarding recruitment efforts • Participate in work-study programs • Must have specific documentation of outreach activities • Review documentation as part of assessment of outreach

Top Things to Do Now

Top Things to Do Now

• Begin revising AAPs to meet new requirements • Develop strategies to meet goal for persons with disabilities and

benchmark for veterans • Develop data collection processes • Work with systems vendors and HR staff to determine how new invitations

to identify will be used • Track and determine effectiveness of referral sources • Incorporate new equal opportunity clauses into subcontracts and purchase

orders • Revise policy statements • Include new EEO tagline in job postings • Provide employees with notice regarding provisions of AAPs • Determine how jobs with be listed with employment service delivery

system offices

Derek ZellerDerek@DerDiver.comwww.DerDiver.comPhone Number?