Employment, Benefits & Labor

Action Item: As the end of the year approaches and 2015 planning is in full-swing, federal contractors and subcontractors ("contractors") should be mindful of their affirmative action obligations including many new obligations pertaining to protected veterans and individuals with disabilities.

Last year, we alerted clients to the Office of Federal Contract Compliance Programs’ (“OFCCP”) new rules (click here to view the alert) impacting how contractors meet their affirmative action and nondiscrimination obligations for protected veterans and individuals with disabilities. Some of the new obligations of greatest concern to contractors include:

• the institution of a hiring benchmark for protected veterans;
• a nationwide utilization goal for qualified individuals with disabilities;
  new data collection standards and record retention obligations for protected veterans and qualified individuals with disabilities;
• clarification of job listing and outreach obligations;
• new standards relating to invitations to self-identify at the pre- and post-offer stages; and
• a new equal opportunity language requirement in job advertisements that includes protected veterans and qualified individuals with disabilities.

This reminder is especially timely for contractors that develop affirmative action plans on a calendar year basis. Although the OFCCP’s new rules went into effect last March, those with plans already in place on March 24, 2014 were permitted to leave their current plans in place through the end of their “affirmative action plan year.” Contractors that measure their data points on a calendar year basis (i.e., at the beginning of January 2015) will for the first time be required to write their plans pursuant to the OFCCP’s new scheme. Those entities are advised to ensure that staff responsible for collecting and reviewing data, and for preparing affirmative action plans, are aware of these new regulations.