ofccp regulations

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Three key OFCCP regulations related to recruitment and employment practices are required for compliance by the federal contractors. The first of these OFCCP 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 OFCCP 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 the regulations have gone through several revisions over the years in their details, they remain the three pillars of equal opportunity and affirmative action enforced by the OFCCP.

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OFCCP Regulation VEVRAA

Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

 

VEVRAA requires contractors to take affirmative action in their recruiting of protected 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 outreach to veterans. Such outreach can be done by posting or distributing open job positions to the state workforce one-stop centers and to the 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 benchmark 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 contractor’s veteran recruiting programs and results and seek proof of ESDS mandatory job listing and outreach efforts during an OFCCP compliance audit.

OFCCP Regulation Section 503

Section 503 of the Rehabilitation Act of 1973 (Section 503)

 

Section 503 requires federal contractors to take affirmative action in the recruitment of individuals with disabilities (IWD). Contractors are prohibited to discriminate employees based on disability, and they are required to provide reasonable accommodation to retain and promote people with disabilities in employment. Proactive outreach to qualified individuals with disabilities should be performed. Such outreach may include job postings and distribution to job boards accessible for IWD and to the state workforce centers and local disability support and rehabilitation organizations. Contractors are also required to meet IWD utilization goals in the workforce, invite all applicants to self-identify their disability status, and review recruiting results for people with disabilities annually.

 

OFCCP is increasingly reviewing recruiting programs and results for disability hiring along with proof of job posting and outreach during a compliance audit. OFCCP introduced focused compliance audits for section 503 in 2019.

OFCCP Regulation E)11246

OFCCP Regulation 3: Executive Order 11246 (EO 11246)

EO 11246 prohibits federal contractors to discriminate applicants based on race, color, gender, national origin, sexual preferences and other criteria that are not relevant to the successful performance of employment. Contractors are required to take affirmative action to improve recruiting 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 leverage variety of applicant referral sources such as the state workforce centers and local organizations who assist individuals in job search.

Compliance with EO 11246 is a core requirement that the OFCCP reviews in compliance audits. The OFCCP may go over the overall recruiting programs and outcomes of recruiting efforts and compare with various recruiting data using statistical analysis such as adverse impact, availability analysis, pay equity and more. Proof of job posting and outreach to under-represented groups are of particular interest of the OFCCP.

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