New OFCCP Regulations and What They Mean for You

As discussed in earlier blog posts, here and here, the Office of Federal Contract Compliance Programs (“OFCCP”) issued the Final Rules for the Vietnam Era Veteran’s Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act. This blog, written by David Voorman, identifies the most significant changes to the rules.

Three significant revisions were made to VEVRAA, and five significant revisions were made to Section 503.

VEVRAA Revisions:

1. Contractors are required to invite all applicants to self-identify as a “protected veteran” (without disclosing particular category of veteran) at the pre-offer phase of the application process.

2. Contractors are also required to invite all applicants to self-identify at the post-offer phase of the application process in order to collect more information about the specific category of protected veteran of the applicant.

3. Contractors are now required to seek the advice of the applicant regarding accommodation.

Section 503 Revisions:

1. Contractors are required to invite all applicants to self-identify as having a disability prior to an offer of employment. Contractors must use the language that will be provided by the OFCCP.

2. Contractors are required to invite all applicants to self-identify as having a disability post-offer. Contractors must use the language that will be provided by the OFCCP.

3. Contractors are required to anonymously survey their employees every year. Also, contractors must invite employees to voluntarily self-identify every 5 years, and remind employees between invitations that they may change their status at any time. Contractors must use the language that will be provided by the OFCCP.

4. Section 503 emphasizes that contractors are prohibited from compelling or coercing employees to self-identify.

5. Contractors are required to keep all information regarding self-identification confidential. As part of the confidentiality, contractors must keep this information in a separate, data analysis file.

These changes will require contractors to modify their hiring practices and document the opportunities provided to applicants to self identify their veteran or disability status.