Department of labors dol office of federal contract compliance programs ofccp is proposing regulations that would set forth requirements that covered federal government contractors and subcontractors and federally assisted construction contractors and subcontractors must meet in fulfilling their obligations under executive order 11246, as amended, to ensure. Can i file a complaint with ofccp and know your rights disability rights ofccp protects individuals with disabilities from discrimination 1. Ofccp compliance frequently asked questions many of these questions, with answers, come. Employment discrimination based on a persons disability generally occurs when an employer treats.
Changing the rules for federal government contractors by susan schoenfeld, jd, senior legal editor on august 27, 20, the u. Department of labors office of federal contract compliance programs published a final rule in the federal register that makes changes to the regulations implementing section 503 of the rehabilitation act of 1973, as amended section 503 at 41 cfr part 60741. Ofccp proposes major changes to affirmative action. Under revised office of federal contract compliance programs ofccp regulations implementing section 503 of the rehabilitation act of 1973 section 503, covering individuals with disabilities, employers must invite job applicants and employees to selfidentify their disabilities on a standard voluntary selfidentification of disability form prescribed by the agency. Department of labors office of federal contract compliance programs ofccp announced a final rule that makes changes to the regulations implementing section 503 of the rehabilitation act of 1973, as amended section 503, at 41 cfr part 60741. Vevraa and section 503 regulations mean new challenges for federal contractors. Leader in ofccp compliance for recruitment specializes in veterans and disability recruitment outreach and mandatory job listing aje is a leading provider of recruitment advertising and compliance solutions americas job exchange. Sep 05, 20 on august 27, 20, the department of labors office of federal contract compliance programs ofccp published its final rules revising the regulations that implement and further define the affirmative action obligations of federal contractors and subcontractors with respect to disabled individuals under section 503 of the rehabilitation act of 1973 section 503 and with respect to.
Checklist for compliance with section 503 of the rehabilitation act. Section 503 of the rehabilitation act new rules ada national. Until the office of management and budget approves the. For the veterans regulations, this takes the form of a hiring benchmark. Office of federal contract compliance programs ofccp on september 24, 20, the u. Ofccp recognizes that federal contractors and subcontractors will require time to incorporate the revised form into their electronic systems. The americans with disabilities act and many state laws bar employers from soliciting information from applicants regarding disability. Disability compliance accommodationassistive technology outsourcing training recruiters, managers, coworkers website, apps and pdf accessibility outsourced recruitingplacement tax credit administration 8 ofccp office of federal contract compliance programs. The ofccps regulations under vevraa are now completely under 41 c. This mission is based on the underlying principle that employment opportunities. The office of management and budget omb approved use of a revised selfidentification form on may 5, 2020.
The office of federal contract compliance programs ofccp has proposed significant revisions to its regulations covering nondiscrimination and affirmative action obligations of government contractors regarding individuals with disabilities under section 503 of the vocational rehabilitation act. Ofccp revisions to affirmative action requirements for. The ofccp revised the section 503 regulations to strengthen contractors affirmative action responsibilities click to read the new section 503 regulations. Sep 24, 20 with the ofccps affirmative action regulations for protected veterans and individuals with disabilities. Jan 07, 2014 and then, later in the december 17 webinar, naomi levin, ofccps branch chief for policy development and procedures and ofccps disability law guru, seemed to reveal a further intended exercise of ofccps prosecutorial discretion to also align subpart c with the first aap of not just a current contractor but also a new or also. Ofccp director and published on the ofccp web site.
A practical guide to compliance with ofccps new regulations on affirmative action for veterans and those with disabilities a summary of the new rules, along with practical suggestions for compliance. Ofccp eliminated many onerous recordkeeping, data collection, and quantitative requirements that were in the proposed rules. Further, using this checklist does not guarantee or equate to compliance with the regulations. Ofccp announces intent to update disability affirmative.
September 9, 20 ofccps veterans and individuals with. Ofccp issues new section 503 disability regulations. A practical guide to compliance with ofccps new regulations. Demystifying ofccp compliance for federal contractors. Compliance with the ofccps new regulations under vevraa. The section 503 regulations set forth the standards for compliance with section 503 of the. Office of federal contract compliance programs ofccp. Although the framework articulating section 503 responsibilities has been in place since the 1970s, the ofccp has become increasingly concerned by the unemployment rate of individuals. Ofccp announces august 2020 deadline to implement new. Ofccp publishes new faqs on disability and veteran rules. Revised ofccp disability selfidentification form approved. Demystifying ofccp compliance for federal contractors a whitepaper by rathin sinha, president, and alan klapman, director of customer development executive summary this whitepaper provides an easytounderstand overview of the regulations, administered by the office of federal contract compliance programs, or ofccp, that are designed to ensure that. Ofccp moves forward with persons with disabilities and.
Office of federal contract compliance programs ofccp new regulations. Ofccp establishes new 7 percent utilization goal for individuals. Well ahead of schedule, and within days of the 20th anniversary of the americans with disabilities act ada, the office of federal contract compliance programs ofccp on july 23 issued an advance notice of proposed rulemaking anprm soliciting input from the public on how ofccp can strengthen the affirmative action regulations for applicants and employees with disabilities under section 503. Department of labors office of federal contract compliance programs ofccp published a final rule revising the regulations implementing section 503 of the rehabilitation act of 1973, as amended section 503 at 41 cfr part 60741. The 60day comment period closed on december 2, 2019. Section 503 of the rehabilitation act of 1973 is a law that prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities and requires employers take affirmative action to recruit, hire, promote, and retain these individuals. Department of labors office of federal contract compliance programs ofccp announced a final rule that makes changes to the regulations implementing section 503. May 08, 2020 as previously reported, the ofccp made some revisions to the required disability selfidentification form known lovingly as, form cc305. No reverse discrimination that is, nothing in the regulations provides a basis for a claim that an individual without a disability was subject to discrimination because she lacked a disability 60 741. Contractors must continue use of the form approved by omb in 2017 until they have incorporated the revised form. Jan 03, 2012 on friday, december 9, 2011, the office of federal contract compliance programs ofccp dealt a body blow to federal contractors as it delivered its proposed revisions to the regulations addressing affirmative action for individuals with disabilities.
To comply with the paperwork reduction act, there will be another 30day public comment period projected to begin in january 2020. Section 503 regulations frequently asked questions on september 24, 20, the u. New regulations published in 92420 federal register. Section 503 prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities iwds, and requires these employers to take affirmative action to recruit, hire, promote, and retain these individuals. Mar 24, 2014 the regulations also state that, upon request, the contractor must inform ofccp of the formats in which it maintains its records and other information e. The office of federal contract compliance programs ofccp is part of the u. The agency monitors federal contractors to make sure each takes affirmative action to ensure equal employment opportunities without regard to race, gender, color, religion, national origin, disability or.
Ofccp proposed revisions to the form by public notice in the federal register on october 3, 2019. Section 503 of the rehabilitation act of 1973, as amended. Ofccps revised selfidentification of disability form approved. Arb, may 8, 2012, a decision now on appeal in federal court. Employment discrimination based on a persons disability generally occurs when an employer treats a qualified job applicant or employee unfavorably in any aspect of employment because the individual. Evaluation of recruitment and placement results under section 503. See general expectations that guide interactions between contractors and ofccp lineargradientrgba15,15,15, 0. Department of labor, ofccp checklist for compliance with. Ofccps revised veterans and disability regulations. Ofccp proposes game changing disability regulations. Vietnam era veterans readjustment assistance act of.
Ofccps new veterandisability regulations are now in effect. Address through new contracts after effective date. Despite nearly 25 years of the americans with disabilities act ada, people with. Section 503 regulations frequently asked questions u. On may 8, 2020, the office of federal contract compliance programs ofccp announced an august 4, 2020, deadline for federal contractors and subcontractors to implement a new disability selfidentification form to use when soliciting disability status from applicants and employees. The office of federal contract compliance programs ofccp is an agency of the us department of labors employment standards division. Understanding new ofccp hiring regulations understanding new ofccp hiring regulations alexa santora attorney at law this session is eligible for 2 continuing education hours. Final rule on section 503 of the rehabilitation act of 1973. A practical guide to compliance with ofccp s new regulations on affirmative action for veterans and those with disabilities a summary of the new rules, along with practical suggestions for compliance.
Ofccp enforces the affirmative action provisions of the. This proposed revision to the regulations at 41 cfr. Aug 01, 20 this week, the office of federal contract compliance programs ofccp sent two final rules to the office of management and budget omb on revising the regulations implementing section 503 of the rehabilitation act of 1973 and the vietnam era veterans readjustment assistance act. The ofccps proposed disability regulations have been published for public comment in a notice of proposed rulemaking nprm titled affirmative action and nondiscrimination obligations of contractors and subcontractors.
Historically, the ofccp has required contractors to invite applicants to selfidentify as to their sex and race or ethnic group. Voluntary selfidentification of disability form cc305 spie. As revised, the regulations strengthen the affirmative action provisions to aid contractors. Ofccp is responsible for ensuring that employers doing business with the federal government comply with the laws and regulations requiring nondiscrimination. Office of federal contract compliance programs wikipedia. Have your badge scanned at the door attend 90% of this presentation fill out the online evaluation for this session. Ofccp enforces laws that protect the rights of job. New regulations to improve job opportunities for individuals with disabilities. What ofccps new disability and veterans regulations mean for you. A practical guide to compliance with ofccps new regulations on. Website, apps and pdf accessibility outsourced recruitingplacement tax credit administration 8 ofccp office of federal contract compliance programs ofccp office of federal contract compliance programs is responsible for ensuring that employers doing business with the federal government comply with the laws and regulations.
Revised ofccp disability selfidentification form approved by guy brenner and caroline guensberg on may 11, 2020 posted in ofccp as we previously reported, in october 2019 ofccp announced that it had submitted a request to the office of management and budget omb for approval of proposed changes to its voluntary selfidentification of disability form. For the disability regulations, it will take the form of placement goals. On august 27, 20 ofccp released its final regulations regarding the vietnam, era veterans readjustment assistance act, as amended. Programs or activities receiving federal financial assistance. Historically, affirmative action plans aaps have included statistical analyses and placement goals only for women and minorities. The new rules require federal contractors and subcontractors to set a nationwide aspirational 7.
Invite applicants to voluntarily selfidentify, in a separate confidential manner, as being a protected veteran at the preoffer stage and as be. The ofccp s proposed disability regulations have been published for public comment in a notice of proposed rulemaking nprm titled affirmative action and nondiscrimination obligations of contractors and subcontractors. Office of legal counsel to ofccp us department of labor. Ofccp publishes new rules for veteransdisabled effective. Jun 30, 2014 the office of federal contract compliance programs ofccp recently published several new frequently asked questions faqs on the newly minted veteran and disability rules to answer lingering questions of contractors, particularly with respect to how to conduct the new data analyses required by these rules. Ofccp publishes new rules for veteransdisabled hunton. As a result, the risk that the new regulations would lead to more ofccp discrimination claims under vevraa. What is employment discrimination based on a persons disability. Those revisions have received final approval from the office of management and budget, and the ofccp is giving federal contractors until august 4, 2020 to cease using the old form and to start using the new. This marks the last step in the regulatory rulemaking process. Compliance with the ofccps new regulations under vevraa and. Therefore, contractors have until august 4, 2020, to implement the new form into their applicant and employee systems and processes.