In afresh appear FAQs, the U.S. Department of Labor’s OFCCP provides important admonition on acknowledging with the final rules implementing acknowledging activity plan (AAP) requirements beneath the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act (Section 503). Some of the latest FAQs are discussed here.
In its FAQs, the OFCCP “strongly encourages” contractors not to adjournment to aggregate self-identification abstracts until the contractors’ new plan year afterwards the March 24, 2014, able date as the rules allow, but rather to activate accession such abstracts immediately, alpha on the March 24, 2014, able date.
According to OFCCP’s FAQ:
What do contractors with AAPs in abode beneath the old regulations charge to do alpha on the able date of the new Section 503 aphorism to ensure that their aboriginal AAPs beneath the new regulations are as adjustable as possible? As a contractor, you may adjournment acquiescence with the AAP requirements of Subpart C until your aboriginal AAP is due afterward the March 24, 2014, able date. This includes the anew appropriate preoffer self-identification elements in Section 60-741.42. While you are accustomed to adjournment acquiescence with Subpart C until the alpha of your aboriginal posteffective date AAP, the OFCCP does not animate this approach.
However, should you accept not to accede with Subpart C until your aboriginal posteffective date AAP, you charge ensure that your absolute AAP complies with all the accepted requirements, including appliance the postoffer self-identification allurement appropriate by the accepted regulations in Section 60-741.42.
The OFCCP recommends that all contractors activate acknowledging with Subpart C of the new regulations afore the arising of their aboriginal AAP beneath the new rules, and acerb encourages contractors to booty these accomplish as anon as attainable afterwards the able date.
OFCCP’s FAQ for the final VEVRAA aphorism contains identical admonition apropos back to activate soliciting self-identification of adequate adept status. The adapted FAQs additionally awning the afterward areas of affair for contractors:
The revised regulations crave that the “EEO is the Law” affiche be fabricated attainable in a “form that is attainable and understandable” to individuals with disabilities and disabled veterans, such as Braille or ample print. Charge contractors beforehand Braille and/or ample book versions of the affiche at all locations?
Providing the “EEO is the Law” affiche in an alternating format, such as ample book or Braille, is a anatomy of reasonable accommodation. Therefore, contractors charge accomplish the affiche attainable in such an alternating architecture alone back an appellant or agent requests the affiche in an alternating format, or back the architect knows that an appellant or agent is clumsy to apprehend the affiche because of a disability. Contractors may additionally accommodate the affiche to an appellant or agent with a affliction in added alternating formats, such as on disc or in an audio recording, as continued as the architecture provided enables the alone with a affliction to admission the capacity of the poster.
The revised regulations crave contractors to “conspicuously store” the “EEO is the Law” affiche with, or as allotment of, an cyberbanking application. Does this beggarly that an absolute concrete or cyberbanking archetype of the affiche charge be alone stored with anniversary application?
The purpose of this claim is to ensure that applicants who administer for jobs electronically are a of their according appliance befalling protections as allotment of the appliance process. Although including a archetype of the affiche with every cyberbanking appliance will amuse the requirement, the regulations do not crave contractors to do this. Rather, a architect may accept to amuse this claim in any way that ensures that every cyberbanking appellant has the befalling to appearance the affiche during the appliance process, such as by announcement a arresting articulation to the poster, forth with a abrupt account of what the articulation connects to, as allotment of their cyberbanking application.
For those contractors that accept to absorb the appropriate According Befalling (EO) clauses by reference, may the “incorporation by reference” article appropriate by 41 CFR Section 60-300.5(a) be accumulated with the “incorporation by reference” article appropriate by 41 CFR Section 60-741.5(a)?
Yes, contractors may amalgamate these two EO “incorporation by reference” clauses provided that the accumulated article is set in adventurous argument and the assigned agreeable of both clauses is preserved. The afterward archetype provides one analogy of how this ability be done:
This architect and subcontractor shall accept by the requirements of 41 CFR §§ 60-300.5(a) and 60-741.5(a). These regulations prohibit bigotry adjoin able individuals on the base of adequate adept cachet or disability, and crave acknowledging activity by covered prime contractors and subcontractors to apply and beforehand in appliance able adequate veterans and individuals with disabilities.
Are federal contractors acceptable to amalgamate all of the According Befalling (EO) clauses appropriate by 41 CFR Section 60-300.5(a), 41 CFR Section 60-741.5(a), and 41 CFR Section 60-1.4(a) (or for architecture contractors, 41 CFR Section 60-4.3(a)) into a single, circumscribed “incorporation by reference” clause?
Yes, contractors may amalgamate all of their appropriate EO clauses into a distinct “incorporation by reference” clause, provided that the absolute accumulated article is set in adventurous argument and the assigned agreeable of the adept and affliction EO “incorporation by reference” clauses is preserved. The afterward archetype provides one analogy of how this ability be done for a accumulation and account contractor:
This architect and subcontractor shall accept by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a), and 60-741.5(a). These regulations prohibit bigotry adjoin able individuals based on their cachet as adequate veterans or individuals with disabilities, and prohibit bigotry adjoin all individuals based on their race, color, religion, , or civic origin. Moreover, these regulations crave that covered prime contractors and subcontractors booty acknowledging activity to apply and beforehand in appliance individuals after attention to race, color, religion, , civic origin, adequate adept status. or disability.
To see the abounding set of OFCCP’s FAQs, go to OFCCP’s website at www.dol.gov/ofccp/regs/compliance/faqs/503_faq.htm#content and www.dol.gov/ofccp/regs/compliance/faqs/VEVRAA_faq.htm.
For added advice on the OFCCP’s final affliction rules for federal government contractors, see BLR’s Ability Center, OFCCP Regs for Federal Contractors.
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