Today will mark the first in a series of posts over the next week counting down to the March 24th effective date for OFCCP’s new Veteran and Disability regulations. During the next week we will seek to provide you with practical pointers and tips as you work through your checklists and prepare to “flip the switch” on implementation.
As the effective date rapidly draws near you should be looking to prioritize your implementation projects by those items that must be implemented by the March 24the effective date, and those that can (and should) wait until you next regularly update your affirmative action plan.
The regulations are broken into separate categories of obligations (Subpart C and Non-Subpart C) which have differing implementation deadlines.
For the following “Non-Subpart C” items, compliance is required as of March 24, 2014:
- Online application – add notice of applicant rights
- AA/EEO policy must state top U.S. Official supports policy
- Update EO clause is in contracts, purchase orders, etc.
- Include updated language in state job postings
- Update definitions of protected veterans
- Send Labor Organization notices of Company’s commitment to taking affirmative action
- Modify EEO tag line in job advertisements
For obligations contained within Subpart C of the regulations, required compliance is driven by the date of your affirmative action plan. Compliance with Subpart C requirements does not have to occur until you next regularly update your Affirmative Action Plan after March 24th. For example, if you have a calendar year plan (January 1) your next regular update following implementation of the regulations will be January 1, 2015. As such, you will need to comply with Subpart C obligations by January 1, 2015.
The Subpart C obligations include:
- Assess effectiveness of external outreach and recruitment efforts
- MUST begin using new Voluntary Self-ID forms and processes, including disability survey of current workforce
- Begin collecting applicant and hire data for analysis
- For VEVRAA – document Hiring Benchmark
- For 503 – Develop Utilization Analysis
- For 503 – Identify problem areas and corrective actions where underutilized
- Describe review of personnel processes in AAP
- Schedule and describe in the AAP the review of physical and mental qualifications
- Send policy notices to vendors, etc.
OFCCP strongly encourages taking steps to comply with all parts of the regulations “as soon as practicable” after March 24, 2014, however OFCCP has said that employers will not be held in violation if they do not comply with Subpart C obligations until their next AAP.
Tune in on Monday for our next installment of this series when we discuss “how” and “what” type of information employers need to communicate to applicants.