New AAP Requirements: OFCCP Regulations for Government Contractors 3/24/14

New AAP Requirements: OFCCP Regulations for Government Contractors 3/24/14

If you are doing business with, or as, a government contractor, please be advised that effective March 24, 2014, a new OFCCP regulation replaces the two categories of VETS (VETS 100 and VETS 100A). These updated guidelines were created to improve hiring and employment of veterans and people with disabilities. Contractors are only required to begin collecting new veterans’ data as their new plan years begin after the March 24, 2014 effective date, although DOL has indicated a preference that contractors begin collecting self-identification data as soon as possible, following the March 24 effective date. Applicants are asked to self ID in the pre-offer stage whether or not they are a protected veteran.  The second step is to have the applicant self ID at the post offer stage where they would choose their veteran category.  The new categories for collecting data are as follows:

  1. Disabled Veteran
  2. Recently Separated Veteran
  3. Active Wartime or Campaign Badge Veteran
  4. Armed Forces Service Medal Veteran

Listed below is a summary of changes per the new OFCCP Regulations Effective 3/24/14:

Individuals with Disabilities

  • 7% utilization goal for employers with 100 or more (goal by same job groups as AAP)
  • Smaller companies (100 or fewer) only have to apply 7% utilization goal to its workforce as a whole (no job categories)
  • Additional outreach efforts/tracking– (recommendations given are state vocational rehab agency (SVRA), employment one stop career, Dept of Veterans Affairs, and private recruitment sources that specialize in placement of individuals with disabilities
  • Assessment of external outreach and recruitment efforts (review annually, evaluate effectiveness, document evaluations)
  • Very specific actions for assessing these outreach efforts
  • Disability self identification of applicants.  The form must be used as it is created by OFCCP – no customized changes. This form can be found on our Solutions for Government Contractors Page (Click HERE) under the Tab entitled, Useful Forms
  • Self ID must take place during:
    • Application phase
    • During the first year after the rule becomes effective (incumbent workforce)
    • Every 5 years
  • Data must be maintained for 3 years
  • Contractors must state in all solicitations or advertisements for employees that all qualified applicants will receive consideration for employment and will receive consideration for employment and will not be discriminated against on the basis of disability.

Protected Veterans

  • 8% benchmark applied to workforce as a whole, not job groups.
  • Types of veterans change to 1) disabled veteran; 2) recently separated veteran; 3) active wartime or campaign badge veteran; 4) armed forces service medal veteran
  • Contracts must post to the appropriate employment service delivery system where opening occurs, other outreach recommendations are; Dept of Veterans Affairs, and local veterans groups/service centers.
  • Assess the success of outreach and recruitment efforts for protected veterans:
  • Veterans self ID in both applicant and post offer stage – first stage of pre-offer, you may ask if protected veteran, post offer, you may ask which category
  • State in EEO clause and solicitations that employer is an EEO employer for veterans

We invite you to download the sample veterans self ID form below which contains language that may be used to replace current VETS forms. Please note that this is a sample form and is not mandatory, however; it does contain the new veteran types covered by the final OFCCP rule.

Additional notes:

  1. In addition, there is a new individuals with disabilities self identification form that can be found on the Department of Labor website.  This form may not be customized and can be found at the following website:  www.dol.gov
  2. A federal integrated self-identification form for women, minorities, veterans and IWDs does not exist.
  3. DOL has stated that electronic self-ID forms will be permissible provided that form meets certain requirements. The e-form must:

    • Display the OMB number and expiration date;
    • Contain the text of the form without alteration
    • Use a sans-serif font, such as Calibri or Arial; and
    • Use at least 11-pitch for font size (with the exception of the footnote and burden statement, which must be at least 10-pitch in size).

For more information on the new rules, see OFCCP’s FAQs.

Download Both Sample Veterans Self-ID Forms Here (Pre-Offer and Post Offer)

Pre Offer and Post Offer Veterans Self-ID Forms

 

Verification

 

Government Contractor Questions?

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Should you have additional questions doing business with or as a government contractor, please contact a FosterThomas/GovConHR specialist to guide you through the new rules.

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FosterThomas is a leading professional services company that provides solutions in the areas of Human Resources Consulting and Outsourcing, HR Staffing, Outsourced Recruiting, Employee Benefits Brokerage, Payroll Implementation and Services, HR for Government Contractors, Business Insurance, HR Compliance and Risk Management. We help organizations by providing solutions designed with a focus on cost containment strategies and increasing HR efficiency. FosterThomas HR Consulting was established in 1993 with offices in Annapolis, Maryland (Corporate), McLean, Virginia and Raleigh, North Carolina. Today, FosterThomas occupies a unique position as a full service provider of HR services.

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