Best Practices for Implementing Section 503

Robert “Bobby” Silverstein, JD Powers Pyles Sutter & Verville, PC Alicia M. Wallace, MBA Wellpoint Director of EEO Compliance, Corporate HR Center of Excellence Team JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy.

Preparing for Section 503 Changes to Section 503:

From OFCCP:

Section 503 prohibits employment discrimination on the basis of disability by Federal government contractors and subcontractors. Section 503 also requires that covered contractors take affirmative action to employ and advance in employment qualified individuals with disabilities.

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Preparing for Section 503 Changes to Section 503:

Goal of revised Section 503:

 Update and strengthen contractors’ affirmative action and nondiscrimination responsibilities  Reduce the disparity in the employment rate of individuals with disabilities 3

Preparing for Section 503 Changes to Section 503:

Purpose of Affirmative Action Program and Plans:

     Management Tool Institutionalizes commitment More than just a paper exercise Dynamic in nature Includes measureable objectives towards progress 4

Preparing for Section 503 Changes to Section 503:

OFCCP: Highlights of the Final Rule:

 Utilization goal 7% utilization goal for qualified IWDs.   Data collection Invitation to Self-Identify    Incorporation of EO Clause Records Access ADAAA 5

Preparing for Section 503

From OFCCP:

Contractors with existing Affirmative Action Plans on the effective date may wait to come into compliance with Subpart C as part of their standard AAP review and updating cycle. OFCCP recommends that all contractors begin complying with Subpart C of the new regulations prior to the issuance of their first AAP under the new rules.

Must comply with other revised requirements by the effective date. 6

Preparing for Section 503

From OFCCP:

Self-identification  Pre-offer invitation to self-identify  Post offer invitation to self-identify  Employees invitation to all employees 1 st year and then every 5 years.

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Preparing for Section 503

From OFCCP:

Contractors must invite their employees to self identify every five years, beginning the first year that they become subject to the Section 503 voluntary self-identification requirements. In addition, at least once during the years between these invitations, contractors must remind their employees that they may voluntarily update their disability status at any time.

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Preparing for Section 503

Utilization Goal: From OFCCP :

The new regulations include an aspirational utilization goal of 7 percent. OFCCP created this goal to give contractors a yardstick against which they can measure the success of their efforts…More specifically, contractors should use the goal to measure the change in the representation of individuals with disabilities in their workforce….The goal is not a quota.

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Preparing for Section 503

From OFCCP:

  The recordkeeping requirements are modified to incorporate the new three-year record retention timeframe required under § 60-741.44(f)(4) and (k).

Contractors must document all actions taken to comply with audit and reporting requirements and retain such documentation as employment records. 10

Preparing for Section 503

From OFCCP: Reasonable Accommodations

 Obligations to provide reasonable accommodation is matter of nondiscrimination.

 If an individual with a disability is having performance problems that may be related to the disability, contractor is required to ask if an accommodation is needed.

 Written reasonable accommodation procedures are not required, but are best practice. 11

Preparing for Section 503

From OFCCP:

“To do’s” before contractor’s next AAP cycle    Invite candidates to self identify Conduct a self-id survey of employees Implement documentation procedures for:   Outreach and recruitment efforts Self audit and reporting systems 12

Preparing for Section 503

From OFCCP:

 Conduct documented assessment of outreach and recruitment efforts  Train employees engaged in key personnel activities  Conduct data analysis related to applicants and new hires  Draft EO Policy statement showing top executive support for AAP  Ensure applicants and employees have equal access to contractor’s personnel processes  Conduct annual workforce assessment, apply utilization goal, identify problems, and develop action oriented programs 13

Preparing for Section 503

Technical Assistance:

OFCCP Toll-Free at 1-800-397-6251 (TTY: 1-877-889 5627) or contact us by email at OFCCP [email protected]

. Or field office at http://www.dol.gov/ofccp/contacts/ofnation2.htm

Crosswalk of previous rule and the new final rules:

http://www.dol.gov/ofccp/regs/compliance/factsheets/Se ction503_Crosswalk_QA_508c.pdf

Training:

http://www.dol.gov/ofccp/regs/compliance/final_rules_we binars.htm

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Preparing for Section 503

JAN 503-Related Resources:

 SNAP! Tool - Applicant Tracking Software Accessibility Tool http://askjan.org/media/webpages.html

 Free Webcast Training Series: http://askjan.org/webcast/index.htm

 Just-in-Time Training: http://askjan.org/training/library.htm

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Questions?

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