Your Partner in Human Resources and Affirmative Action

Employing Individuals with Disabilities—Understanding the Latest Requirements, Updates, and Potential Changes By: Misty Glorioso, PHR, Claudia Jones, PHR, Dana Lake-Streams, and Rachel Rubino, SPHR

With the announcement of a Notice of Proposed Rulemaking (NPRM) by The Office of Federal Contract Compliance Programs (OFCCP) regarding updates to Section 503 of the Rehabilitation Act of 1973, the agency has brought focus on the affirmative action efforts for individuals with a disability as a top priority. In the effort to enforce these requirements, federal contractors and subcontractors are compelled to look into their employment practices to improve their recruitment efforts.

Currently, Section 503 of the Rehabilitation Act of 1973 requires federal contractors with contracts or subcontracts greater than $10,000 to take affirmative steps to hire, retain, and promote qualified individuals with disabilities. Section 503 covers various disabilities, with the definition in the regulations referencing those persons with mental and physical impairments that substantially limit or restrict a major life activity. Major life activities are defined as hearing, speaking, seeing, walking, breathing, performing manual tasks, caring for oneself, learning, and working. Furthermore, Section 503 also protects those individuals who have records of substantial mental or physical disabilities.

While Section 503 covers a wide range of disabilities and those who recovered from past disabilities or are perceived as having a disability, it only protects those who are considered ‘qualified’ individuals with disabilities. To be deemed a qualified individual with a disability, the person must have the necessary education, skills, or other job-related requirements. Additionally, they must be able to perform the essential functions of the job with or without reasonable accommodation.

The NPRM, 41 CFR part 60-741, implements the nondiscrimination and affirmative action provisions of Section 503 of the Rehabilitation Act of 1973, as amended (Section 503). The NPRM would strengthen the affirmative action requirements for federal contractors and subcontractors and would amend the regulations to require they increase linkages and conduct more substantive analyses of recruitment and placement actions taken under Section 503.

To anticipate and prepare for this final ruling, federal contractors and subcontractors may take the following steps suggested by the Equal Employment Opportunity Commission (EEOC) to recruit and hire individuals with disabilities:

• Statingonajobadvertisementorvacancyannouncementthecompany is an equal opportunity employer, and individuals with disabilities, including “disabled Veterans” or Veterans with service-connected disabilities, are encouraged to apply

In the effort to enforce these

requirements, federal contractors and subcontractors

are compelled to look into their employment practices to

improve their recruitment efforts.

““

Your Partner in Human Resources and Affirmative Action

Employing Individuals with Disabilities—Understanding the Latest Requirements, Updates, and Potential Changes

• Ensuringonlinejobannouncements,recruitinginformation,and application processes are accessible to individuals with disabilities, including applicants who have service-connected disabilities

• Makingwrittenrecruitingmaterials,suchasapplicationformsand brochures, available in alternate formats (for example, Braille, large print, etc.), or assisting Veterans with disabilities in completing application materials when necessary

• Sendingvacancyannouncementsto,andaskingforreferralsfrom, government, community, military organizations, and One-Stop Career Centers that train or support Veterans with service-connected disabilities

• Postingadvertisementsandvacancyannouncementsinpublications for Veterans

• Attendingjobfairsandusingonlinerésumédatabasesthatconnect job-seeking Veterans with civilian employers

• Surveyingotheremployerstolearnabouttheirsuccessfuloutreachefforts

While conducting these recruitment efforts, federal contractors and subcontractors will want to also remain aware of the “reasonable accommodation” piece of Section 503. During the hiring process, reasonable accommodation may include provisions such as providing written materials in accessible formats, such as large print, Braille, or audiotape; adjusting or modifying examinations or training materials; providing readers or interpreters; or making certain recruitment, interviews, tests, and other components of the application process are held in accessible locations.

In the past decade, the use of online-only application systems and other electronic forms such as email or facsimile has increased. Contractors must ensure applicants with disabilities are given an equal opportunity to apply for jobs. The Americans with Disabilities Act (ADA), Section 503, Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), and their regulations require a contractor provide equal opportunity to qualified applicants with disabilities and disabled Veterans to compete for jobs. Contractors may find it beneficial (but are not required) to design, or redesign, their online application systems to ensure the greatest degree of ready access to the greatest number of potential applicants with disabilities. Utilizing “universal design” techniques is an efficient way to receive applications from a wide pool of qualified applicants. If a contractor only uses an online application system to accept applications for

The NPRM would strengthen the

affirmative action requirements for

federal contractors and subcontractors.

““

Your Partner in Human Resources and Affirmative Action

Employing Individuals with Disabilities—Understanding the Latest Requirements, Updates, and Potential Changes

Utilizing “universal design” techniques is

an efficient way to receive applications from a wide pool of

qualified applicants.

““

employment, it must ensure potential applicants with disabilities either can use the system or can submit an application in a timely manner through alternative means. This includes providing a means to contact the contractor, other than through the online system, to request any reasonable accommodation needed to provide an applicant with a disability an equal opportunity to apply and be considered for the contractor’s jobs.

To assist your efforts in meeting Section 503 obligations, as well as prepare for the anticipated amended requirements, the following resources are available to help employers find qualified applicants with disabilities:

• Employer Assistance and Recruiting Network (EARN) Funded by the Office of Disability Employment Policy (ODEP), EARN is a national toll-free and electronic information referral service to assist employers in locating and recruiting qualified individuals with disabilities who are seeking jobs. • Workforce Recruitment Program for College Students with Disabilities The Workforce Recruitment Program for College Students with Disabilities is a free, nationwide database of pre-screened, qualified postsecondary students and recent college graduates with disabilities who are available for permanent and temporary positions. Employers can search the database by state or job category and obtain specific information on candidates’ qualifications. This program is co-sponsored by ODEP and the U.S. Department of Defense (DOD).

• Job Links Job Links is the U.S. Department of Labor’s (DOL) Office of Disability Employment Policy’s (ODEP) database that allows employers interested in recruiting and hiring qualified individuals with disabilities for open positions within their company or organizations to list themselves.

• One-Stop Career Centers The One-Stop Career Centers serve the needs of those looking for jobs and employers seeking employees. They assist businesses with recruitment, training, and retention of skilled workers. There are nearly 2,000 One-Stop Career Centers nationwide.• Occupational Information Network (O*NET) Online Through the DOL, employers may access a comprehensive database that helps align military skills, knowledge, and training with workplace needs. Information on reasonable accommodation is also available.

Your Partner in Human Resources and Affirmative Action

Employing Individuals with Disabilities—Understanding the Latest Requirements, Updates, and Potential Changes

““ Through the DOL,

employers may access a comprehensive database that helps align military

skills, knowledge, and training with workplace

needs. Information on reasonable

accommodation is also available.

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Berkshire Associates Inc., Corporate Headquarters8924 McGaw Court, Columbia, MD 21045Phone: 800.882.8904Fax: 410.995.1198Email: bai@berkshireassociates.comWeb: www.berkshireassociates.com

• Vocational Rehabilitation The U.S. Department of Veterans Affairs supports a nationwide employment training program for Veterans with service-related injuries. There are 56 regional offices which administer this program. • State Veteran Employment Services The DOL, through its Veterans Employment Training Service (VETS), helps support a network of local employment service professionals dedicated to assisting Veterans with service-related injuries in locating and securing employment.

• National Business & Disability Council (NBDC) The NBDC is one of the leading resources for employers seeking to integrate people with disabilities into the workplace and companies seeking to reach them in the consumer marketplace.

While the NPRM for the Section 503 updates still has not been published in the Federal Registry, the current regulation is still in effect. By taking the steps mentioned above and using the resources available, federal contractors and subcontractors can meet their obligation of affirmative action when it comes to employees with disabilities, as well as prepare for the anticipated increased regulations.

For more information on meeting the affirmative action obligations for recruiting and retaining employees with disabilities, please contact Berkshire Associates at 800.822.8904 or email bai@berkshireassociates.com.