Three key OFCCP regulations related to recruitment and employment practices are required for compliance by Federal contractors. The first of these regulations is EO11246, an executive order signed by President Lyndon Johnson in 1965. EO11246 prohibits discrimination in employment decisions based on race, color, religion, sex, or national origin of a person. The second regulation is Section 503 of the Rehabilitation Act signed by President Richard Nixon in 1973. Section 503 prohibits discrimination, and requires affirmative action to hire, retain, and promote individuals with disabilities. Finally, the third OFCCP regulation for federal contractor recruitment and employment practices is the Vietnam Era Veterans Readjustment Assistance Act (VEVRRA) passed by Congress in 1974. VEVRRA requires that contractors take affirmative action for employment of veterans. While these regulations have gone through several revisions over the years, they remain the three pillars of equal opportunity and affirmative action enforced by the OFCCP.
VEVRAA requires contractors to take affirmative action in their recruiting of veterans. This regulation makes it mandatory to list open job positions on the state Employment Service Delivery Systems (ESDS) job boards and to make them available to veterans on a priority basis. Contractors are also required to perform targeted outreach to veterans. This outreach can be done by posting or distributing open job positions to the state workforce one-stop centers and to local veteran employment representatives (LVER) and disabled veteran outreach program (DVOP) representatives. In addition, outreach to local veteran employment support organizations should be performed for applicant referrals. Contractors are required to set hiring benchmarks for veterans, invite all job applicants to self-identify veteran status, and review veteran recruitment results annually. Compliance with VEVRAA is mandatory and the OFCCP routinely reviews federal contractors’ veteran recruiting programs and results, and seeks proof of ESDS mandatory job listing and outreach efforts during OFCCP compliance audits.
Section 503 requires federal contractors to take affirmative action in the recruitment of individuals with disabilities (IWD). Contractors are prohibited from discriminating against employees based on disability, and are required to provide reasonable workplace accommodations to retain and promote people with disabilities. Contractors are expected to proactively reach out to qualified individuals with disabilities. Such outreach includes job postings and distribution to job boards accessible for IWD and to the state workforce centers, as well as local disability support and rehabilitation organizations. Contractors are also required to meet IWD utilization goals in the workforce, invite applicants to self-identify their disability status, and review recruiting results for individuals with disabilities annually. OFCCP is increasingly reviewing recruiting programs and results for disability hiring along with proof of job postings and outreach during a compliance audit. OFCCP introduced focused compliance audits for section 503 in 2019.
EO 11246 prohibits federal contractors from discriminating against applicants based on race, color, gender, national origin, sexual preferences, and other criteria which are not relevant to successful job performance. Contractors are required to take affirmative action to improve recruitment of qualified applicants from under-represented groups. Contractors must engage in broader outreach programs to under-represented groups, including job posting and distribution to niche job boards and leveraging a variety of applicant referral sources such as state workforce centers and local organizations which assist individuals with their job search. Compliance with EO 11246 is a core requirement that the OFCCP reviews in its compliance audits. The OFCCP may go over the recruiting programs and outcomes of these efforts, and compare with overall recruiting data using statistical analysis such as adverse impact, availability analysis, pay equity, and more. Proof of job postings and outreach to under-represented groups are of particular interest to the OFCCP during the audits.
Our OFCCP compliance solution for federal contractor recruiting is an easy, effective and affordable way to ensure that your recruiting program complies with these regulations. Our integrated job posting, distribution, outreach and reporting solution does all the heavy lifting and frees you up from the laborious and administrative details while delivering diverse applicants for your open jobs. Fill up the form below or request a demo today.