As it has done periodically since the release of the new regulations, OFCCP has posted six new “frequently-asked questions” (FAQ) regarding the revised VEVRAA and Section 503 Regulations.  Each is highlighted with a “new” tag.  The FAQs are responsive to questions we’ve been hearing – and some asked during the SWARM conference during the Q&A session with Regional Director Melissa Speer and Regional Deputy Director Aida Collins.

Among others, the topics addressed include:

  • whether the calculation of the number of “jobs filled” should include “step or ladder movements”
  • whether an employer can include an individual who self-identifies at the applicant stage but does not self-identify at the post-offer stage when assessing its attainment towards the veterans hiring benchmark
  • how, when calculating the disability utilization goal, employers should treat employees who do not responded to the self-id survey

Over the next few days we’ll share our thoughts and insights on this new guidance. Our first comment is that while FAQs may be helpful, they are not the regulations and do not have the force of law or regulation. Contractors should take the guidance with a “grain of salt” and refer to the Regulations for ultimate authority.