Posts Tagged ‘FCCM’

OFCCP Announces Major Changes for Government Contractors

Tuesday, October 22nd, 2013

CAI’s Manager for Affirmative Action Services, Kaleigh Ferraro, shares the latest updates from the OFCCP. Make sure you are compliant.

Kaleigh blogThe last couple of months have been busy for the Office of Federal Contract Compliance Programs (OFCCP). They have announced several changes that will affect the requirements and practices of federal contractors and subcontractors. What are the changes and how do they affect you?

The first change was the release of the revised Federal Contract Compliance Manual (FCCM). This is the guide that compliance officers at OFCCP use during audits of contractors. These revisions have been in the works for some time now. The FCCM does not contain new rules or requirements but rather provides guidance to auditors on how to conduct offsite and onsite audits. The FCCM may serve as a helpful document for contractors to review in order to understand the policies and practices of the OFCCP during audits. This revised manual is intended to standardize the investigations between regions, offices and even compliance officers. If you’d like to see the revised manual, visit http://j.mp/fc-cm.

The OFCCP also announced on August 27, final rules for Section 503 of the Rehabilitation Act and Vietnam Era Veterans Readjustment Assistance Act (VEVRAA). The initial proposed rules were issued about two years ago and the OFCCP had been saying that the final rules would happen soon. These final rules will require federal contractors to make significant changes to current practices and analysis. These rules were published in the Federal Register on September 24, 2013 and become effective 180 days after the publish date.

What this means to companies with Affirmative Action Plans is that AAPs in place prior to March 24, 2014 can be developed using the old (current) rules. AAPs developed after March 24, 2014 will need to incorporate the new requirements in the plans. Below are some of the major changes affecting government contractors. CAI will provide more information and training on these new requirements as well as provide suggestions on how organizations can implement necessary changes.

Changes to VEVRAA

  • Rescission of 41 CFR Part 60-250: The Final Rule rescinds the outdated 41 CFR Part 60-250 in its entirety. However, veterans that were formerly protected only under Part 60-250 will still be protected from discrimination under the revised 41 CFR Part 60-300.
  • Hiring benchmarks: The Final Rule requires that contractors establish annual hiring benchmarks for protected veterans. Contractors must use one of two methods to establish their benchmarks. Contractors may choose to establish a benchmark equal to the national percentage of veterans in the civilian labor force (currently eight percent), which will be published and updated annually by OFCCP. Alternatively, contractors may establish their own benchmarks using certain data from the Bureau of Labor Statistics (BLS) and Veterans’ Employment and Training Service/Employment and Training Administration (VETS/ETA) that will also be published by OFCCP, as well other factors that reflect the contractor’s unique hiring circumstances. The data will be posted in the Benchmark Database (coming soon).
  • Data collection: The Final Rule requires that contractors document and update annually several quantitative comparisons for the number of veterans who apply for jobs and the number of veterans they hire. Having this data will assist contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years to be used to spot trends.
  • Invitation to self-identify: The Final Rule requires that contractors invite applicants to self-identify as protected veterans at both the pre-offer and post-offer phases of the application process. The Final Rule includes sample invitations to self-identify that contractors may use.
  • Incorporation of the EO clause: The Final Rule requires that specific language be used when incorporating the equal opportunity clause into a subcontract by reference. The mandated language, though brief, will alert subcontractors to their responsibilities as Federal contractors.
  • Job listings: The Final Rule clarifies that when listing their job openings, contractors must provide job opening information to the state or local job service in the format required, so that the job service can make the jobs available to veteran job seekers.
  • Records access: The Final Rule clarifies that contractors must allow OFCCP to review documents related to a compliance check or focused review, either onsite or offsite, at OFCCP’s option. In addition, the Final Rule requires contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests.

Changes to Section 503 of the Rehabilitation Act

  • Utilization goal: The Final Rule establishes a nationwide seven percent utilization goal for qualified Individuals with Disabilities (IWDs). Contractors will apply the goal to each of their job groups, or to their entire workforce if the contractor has 100 or fewer employees. Contractors must conduct an annual utilization analysis and assessment of problem areas, and establish specific action-oriented programs to address any identified problems.
  • Data collection: The Final Rule requires that contractors document and update annually several quantitative comparisons for the number of IWDs who apply for jobs and the number of IWDs they hire. Having this data will assist contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years to be used to spot trends.
  • Invitation to self-identify: The Final Rule requires that contractors invite applicants to self-identify as IWDs at both the pre-offer and post-offer phases of the application process, using language prescribed by OFCCP. The Final Rule also requires that contractors invite their employees to self-identify as IWDs every five years, using the prescribed language. This language will be posted on the OFCCP website (coming soon).
  • Incorporation of the EO clause: The Final Rule requires that specific language be used when incorporating the equal opportunity clause into a subcontract by reference. The mandated language, though brief, will alert subcontractors to their responsibilities as Federal contractors.
  • Records access: The Final Rule clarifies that contractors must allow OFCCP to review documents related to a compliance check or focused review, either onsite or offsite, at OFCCP’s option. In addition, the Final Rule requires contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests.
  • ADAAA: The Final Rule implements changes necessitated by the passage of the ADA Amendments Act (ADAAA) of 2008 by revising the definition of “disability” and certain nondiscrimination provisions of the implementing regulations.

Please feel free to contact me directly with questions at kaleigh.ferraro@capital.org or 919‑713‑5241.