Key Points from OFCCP's webinar "Moving Toward Compliance Series - The Components of a VEVRAA AAP"

Date: 2/7/14
Title: Key Points from OFCCP's webinar "Moving Toward Compliance Series - The Components of a VEVRAA AAP"

 

Key Points from OFCCP's webinar "Moving Toward Compliance Series - The Components of a VEVRAA AAP"

If you were unable to attend the OFCCP webinar titled "Moving Toward Compliance series - The Components of a VEVRAA AAP," we have summarized some of the key points conveyed.  Many of the points are the same as those presented in OFCCP's last webinar on the components of a Section 503 AAP.

  • New Term - "Protected veteran" is a catch all term for all types of veterans.
  • Transitional AAP – the term OFCCP is using for the first AAP developed after March 24, 2014.  Since much of the Section 503 and VEVRAA regulations are similar, OFCCP will continue to accept one AAP covering both regulations; however, they prefer separate AAPs.
  • EEO-AA Policy sent to subcontractors – proof can be obtained by saving a copy of the letter sent with the policy and/or confirmation of receipt.  We suggest keeping a distribution list of your subs with the date that the policy was sent.
  • EEO-AA Policy provided to all employees – can be communicated in your Employee Handbook/Policy Manual, on the Intranet (if all employees have access), in training programs, during new hire orientation, and in company publications.  The U.S. senior official must indicate their support of the AAP; however, they do not need to sign the policy.  OFCCP does acknowledge that a signature is further indication of the senior official's support.
  • Assessment of outreach and recruitment efforts - contractor must show that they are thinking critically about their efforts. Outreach sources identified in 300.44(f)(i)(2). The AAP should identify:
    1. the list of outreach efforts/sources
    2. criteria used in the assessment
    3. evaluation of each effort and conclusion of effectiveness
    4. alternative efforts if efforts are not effective. 

OFCCP suggests tracking the following criteria: (sample provided by OFCCP)

    • Did the activity attract qualified applicants who are protected veterans?
    • Did the activity result in the hiring of protected veterans?
    • Did the activity expand your outreach to protected veterans in the community?
  • Reasonable Accommodation - if an employee who is a known disabled veteran is having performance issues, the contractors should inform the employee of the problem; inquire if the problem is related to the disability; and see whether the employee needs a reasonable accommodation.  The contractor may not assume that the performance is related to a disability without having a conversation with the employee.
  • Self-Audit – OFCCP recognizes that you may not be able to do an assessment the first year so they will be looking for you to acknowledge that these are new requirements and will be done when the data is available.(sample provided by OFCCP)
  • Transitional AAP requirements:
    • Must comply with all existing obligations.
    • Should identify the steps that you have already taken to come into compliance and/or what you will do to come into compliance.
    • You will not be cited for non-compliance if you act reasonably to get into compliance.
  • Self-Identification Form – this form can be merged with the request for race and gender. (post offer sample provided in the appendix)
  • Benchmarks - contractors selecting to use the five factors to create its benchmark, instead of using the national benchmark, must apply all five factors and explain its methodology, e.g. weighting.
  • Data Collection – done by establishment and not be job group. Impact Ratio Analyses (IRAs) do not need to be conducted on the data since the Uniform Guidelines for Employee Selection Procedures do not apply to Section 503 or VEVRAA, as well as the preamble states that OFCCP will not conduct adverse IRAs on this data.The audit data does not have to be included in the AAP; however, maintained as support to the AAP.  Analysis does not need to be conducted on the sub-veteran categories. Contractors are not required to monitor personnel activity with respect to veterans. OFCCP enforcement will be determined based on the contractor's outreach efforts and written analyses of efforts,

Other OFCCP Samples include:

Future OFCCP Webinars – go to the OFCCP website regularly to see when registration is open for these webinars. We will continue to provide an overview of the Key Points from these future webinars.  Past webinars are also available on this page.

2/20 – Job Listing – EO Clause and Tag Line
3/6 – Goals & Benchmarks


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Disclaimer: The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the U.S. Department of Labor. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.