DOL To Compel Federal Contractors To Hire More Veterans And Disabled Individuals

by McNees Wallace & Nurick LLC
Contact

As expected, new U.S. Department of Labor Secretary Thomas Perez has wasted little time implementing a number of agenda items in the few short weeks since his Senate confirmation. Most recently, Secretary Perez announced two new rules that amend longstanding regulations under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act, which deal with federal contractors’ and subcontractor’s affirmative action and nondiscrimination obligations toward protected veterans and individuals with disabilities. Among other things, these new rules establish specific hiring metrics, data collection practices, and record keeping requirements that federal contractors must implement for veterans and disabled individuals seeking employment.

Below are some highlights of the final rules:

  • Utilization Goal for Individuals with Disabilities – The final rule under the Rehabilitation Act establishes, with some exceptions, a 7% hiring goal for qualified individuals with disabilities. While the goal is aspirational, contractors will be required to conduct an annual utilization analysis of individuals with disabilities within the organization, assess problem areas, and establish specific programs to address any identified problems.
  • Hiring Benchmarks for Protected Veterans – Under the final rule amending VEVRAA, federal contractors must establish annual hiring benchmarks for protected veterans utilizing one of two methods. Contractors can either choose to set a benchmark that mirrors the national percentage of veterans in the civilian labor force or they may establish their own benchmarks using certain data from the Bureau of Labor Statistics and Veterans’ Employment and Training Service/Employment and Training Administration.
  • Job Listings Requirements for Protected Veterans – The final rule under VEVRAA also clarifies that when listing job openings, contractors must provide the information in a manner and format permitted by the appropriate state or local job services, so that it can be easily disseminated to veterans seeking jobs.
  • Data Collection – Under both rules, contractors must now document and annually update several quantitative comparisons concerning the number of veterans and individuals with disabilities who apply for jobs and the number of veterans and individuals with disabilities who are actually hired. Such data must be maintained for three years.
  • Invitation to Self-Identify – Both rules also require contractors to invite applicants to self-identify as a veteran and/or an individual with a disability at both the pre-offer and post-offer phases of the application process.
  • Records Access – The new rules also clarify that contractors must permit officials from the Office of Federal Contract Compliance Programs to review documents to establish compliance with the rules.

The regulations are expected to be published in the Federal Register early next month and will go into effect 180 days later. Contractors with affirmative action plans already in place on the effective date of the new rules may keep those plans until the end of their plan year. Thus, federal contractors and subcontractors that submit affirmative action plans at the beginning of each calendar year will not be required to submit affirmative action plan documents based on these new rules until the beginning of 2015. However, contractors must begin following the data collection, record keeping, and other requirements of the new rules immediately after the rules take effect. Accordingly, if you are a federal contractor or subcontractor, now is the time to begin to revising your policies, procedures and relevant forms to conform with the Department of Labor’s new rules so that you are not caught flat-footed when the rules go into effect.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McNees Wallace & Nurick LLC | Attorney Advertising

Written by:

McNees Wallace & Nurick LLC
Contact
more
less

McNees Wallace & Nurick LLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!