Cstmr corner1 2014-new regs_slideshare

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Business & Mgmt

Published on February 14, 2014

Author: Peoplefluent

Source: slideshare.net

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Join us for our first Customer Corner in 2014 answering any pending questions you have regarding the final regulations for the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act. We will go over a timeline for compliance as well.

Customer Corner #1-2014 VEVRAA and Section 503 of the Rehab. Act Alex Gonzalez Julia Méndez Eric Edwards February 2014 © 2014 Peoplefluent WCAD Final Regs Review│1

FYI – First Batch of CSALs Sent • • • • • Total establishments on this round: 2,193 # of companies: 856 # of industries: 17 based on 2-digit NAICS code # of CMCEs: 40 Limited the number of compliance evaluations to no more than 35 for each corporate parent • Each district office was assigned no more than one CMCE and one College/University evaluation © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│2

EFFECTIVE DATES © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│3

Timeline Today March 24, 2014 September 24, 2013 1st AAP Cycle on or after March 24, 2014 © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│4

Today © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│5

Things to Do Now Until March 24 • Educate HR personnel and other pertinent staff on requirements of the new regulations • Make needed changes to IT and personnel systems and policies in preparation for complying with the new regulations as of March 24, 2014, the effective date • Talk to vendors regarding ATS compliance © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│6

Things to Do Now Until March 24 • Update EEO tag line • Update purchase orders and contract verbiage © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│7

© 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│8

Subpart C • Applicability of the affirmative action program requirement • Availability of affirmative action program • Invitation to self-identify • Affirmative action policy • Required contents of affirmative action programs • Benchmarks/Utilization for hiring © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│9

First AAP Cycle After March 24, 2014 (Transitional AAP) © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│10

Transitional AAP • Update EEO/AA Policy statement on bulletin board • Review language on website (accommodations and EEO/AA policy) • Use new self-id forms (pre and post offer) • Conduct initial self-identification survey of IWD © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│11

Transitional AAP • Assess/document effectiveness of outreach and recruitment efforts • Conduct data analysis related to applicants and hires • Conduct annual workforce assessment and apply the 7% goal to each job group for IWD & 8% for veterans • Develop action plans for resolving problems identified in utilization of individuals with disabilities © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│12

Questions EMPLOYEE/APPLICANT NOTICE © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│13

EEO Rights • Must indicate top US executive support for AAP • EEO policy (recruit, hire, train, promote without regard to disability, veteran status) • Non-harassment © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│14

Availability of AAP The full affirmative action program, absent the data metrics required by VEVRAA & Section 503, shall be available to any employee or applicant for employment for inspection upon request. The location and hours during which the program may be obtained shall be posted at each establishment. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│15

Questions NOTICE TO SUBCONTRACTORS © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│16

Notice to Subcontractors Every vendor/supplier/service provider which is paid $10,000 or more in a 12 month period must receive notice of their potential responsibilities as a subcontractor each time you enter into that agreement/contract. • Purchase order • Contract • Certificate of Compliance © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│17

External Dissemination - 41 CFR 60-300.44(f)(5) and 41 CFR 60-741.44(f)(5) • Contractors must send written notification of company policy related to its affirmative action efforts to all subcontractors and request appropriate action • Not required to follow-up with getting notice back from vendor • Must keep proof that information was sent out to vendors © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│18

© 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│19

QUESTION As an EOE/AA employer, the JOB ADVERTISEMENTS organization will not discriminate in its employment practices due to an applicant’s race, color, religion, sex, national origin, and veteran or disability status. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│20

JOB POSTINGS WITH ESDS © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│21

Mandatory Job Listing Requirement • Contractor must provide its job listing information in a format that is permitted by ESDS • Indicate on job listings that it is a federal contractor and its desire for priority referrals of protected veterans for its openings • Provide contact information for the contractor official responsible for hiring at each hiring location who can verify the information in the job listing © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│22

Miscellaneous Training © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│23

Training Under 60-741.44 (j) and 60-300.44(j) it does require training for “all personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes” © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│24

SELF-ID © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│25

Veterans Pre-Offer (page 1) Must contain definitions of veterans. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│26

Pre-Offer (page 2) Recommend adding “Prefer not to answer” © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│27

Post Offer (page 1) Must contain definitions of veterans. Keep track of discharge date Recommend adding “prefer not to answer” and some contractors would want to add a “veteran but not covered under above © 2012 Peoplefluent diversity purposes definitions” for © 2014 Peoplefluent WCAD Final Regs Review│28

http://www.dol.gov/ofccp/ © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│29

Self-ID for IWD • Regularly invite all employees to voluntarily selfidentify as an individual with a disability using the self-identification form OFCCP provides. • Contractors must invite their employees to selfidentify every 5 years, beginning the first year that they become subject to the Section 503 voluntary self-identification requirements. • At least once during the years between these invitations, contractors must remind their employees that they may voluntarily update their disability status at any time. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│30

Self-Id for IWD © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│31

Self-Id for IWD (part 2) © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│32

Self-Id IWD (Part 3) © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│33

Electronically Fillable Version • The e-form must: • Display the OMB number and expiration date; • Contain the text of the form without alteration • Use a sans-serif font, such as Calibri or Arial; and • Use at least 11-pitch for font size (with the exception of the footnote and burden statement, which must be at least 10-pitch in size). © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│34

ACCOMMODATIONS AND JOB REQUIREMENT REVIEW © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│35

Review of Physical and Mental Qualifications • Are the contractor’s job qualifications based on business necessity? • Are there positions that do not have written job descriptions? • Are there job qualifications that would tend to screen out individuals on the basis of disability or disabled veterans? © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│36

Best Practice for Handling Accommodation Requests • Designation of responsible official • Description of process • Form of requests for reasonable accommodation • Submission of reasonable accommodation request • Recurring requests for accommodation • Supporting medical documentation • Written confirmation of receipt of request • Timeframe for processing request • Delay in responding to request © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│37

Handling Accommodation Request (cont.) • Reasonable accommodation request by applicant • Denial of request • Confidentiality • Dissemination of procedures to employees • Training © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│38

METRICS © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│39

Data Collection Analysis • Job openings refers to the number of individual positions advertised as open in a job vacancy announcement or requisition. • For example, if one job vacancy announcement or requisition includes 5 open positions and results in 4 hires, the contractor would document this as 5 job openings and 4 jobs filled. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│40

Definition of “Jobs Filled” and “Hired” • Jobs "filled" refers to all jobs the company filled by any means, be it through a competitive process or non-competitively, e.g., through reassignment or merit promotion. • Both new hires and employees placed into new positions via promotions, transfers, and reassignments. • “Hired" refers solely to those applicants (both internal and external to the contractor) who are hired through a competitive process, including promotions. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│41

Section 503 • You have to use the national 7 percent utilization goal and apply it to the same job groups that you created for your EO 11246 AAP. • If you are a contractor with a total workforce of 100 or fewer employees, you may apply the goal to your workforce as a whole. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│42

Section 503/VEVRAA • Failure to meet a disability goal will not be a violation of the regulations • Failure to meet the goal does not constitute either a finding or admission of discrimination. • Contractor must take steps to determine whether and where impediments to EEO exist by assessing: • existing personnel processes, • effectiveness of its outreach and recruitment efforts • results of AAP audit, and any other areas that might affect the success of the AAP • Create action-oriented programs © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│43

Bureau of Labor Statistics • Veterans are defined as men and women who have previously served on active duty in the U.S. Armed Forces and who were civilians at the time of the survey. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│44

Benchmark for Veterans • Contractors who are required to develop a written (AAP) ($100,000 contract) must establish a hiring benchmark for protected veterans each year. • Tool to help contractors assess the effectiveness of their efforts to recruit and employ protected veterans. • Contractors must maintain records related to their benchmark for three years, allowing them to assess the success of their outreach and recruitment efforts for veterans over time. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│45

Hiring Benchmark for Protected Veterans • Establish a hiring benchmark each year • Hiring benchmark established in one of two ways: • Establish a benchmark equal to the national % (currently 8%) of veterans in the civilian labor force • Establish its own benchmark by taking into account 5 factors • Maintain records related to benchmark for 3 years © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│46

Factors for Developing Benchmark 1. Average % of veterans in 3. Applicant and hiring ratios the civilian labor force in for the previous year the state where the 4. Contractor’s recent contractor is located over assessments of the the preceding 3 years effectiveness of its 2. # of veterans, over the outreach and recruitment previous 4 quarters, who efforts participated in the 5. Any other factors, such as employment service the nature of the job or its delivery system in the state location, that would affect where the contractor is the availability of qualified located protected veterans © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│47

Sample Applicant Flow Log Name Race Sex IWD Veteran Date of App. John Doe White M Y Y 1/1/14 CNA Angela Source Hispanic F Applied Y Rodriguez Job Title Step/ Disposition Hired N Hired Hired from 1/3/14 Hospital Veterans IWD Admin. Source HireVets 20 1 1 1 Texas Workforce Commission 300 20 3 Source HireVets Texas Workforce Commission 7 Job Group Total Hired IWD Veterans Hire Vets TWC Exec 5 1 0 0 0 Professionals 25 2 4 1 3 © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│48

ASSESSMENT OF OUTREACH, RECRUITMENT AND COMPLIANCE WITH SECTION 503 © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│49

Good Faith Efforts • Assessment of outreach and recruitment efforts contractor must show that they are thinking critically about their efforts. The AAP should identify: • • • • the list of outreach efforts/sources criteria used in the assessment evaluation of each effort and conclusion of effectiveness alternative efforts if efforts are not effective. © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│50

Sample Assessment of Outreach/Recruitment Outreach/Recruitm ent Activity Date of Activity Description Evaluation Outreach event with Texas Workforce Commission (Veterans) 2/1/2014 Job fair in Dallas areas for Veterans registered through TWC Will monitor number of total applicants; veteran applicants; and hires. XYZ College (Office of Disabilities Services) 2/10/14 Spoke with Mark Jones, College rep over ODS) regarding partnership to refer student IWD Mr. Jones indicated that at this time the college does not have a way to easily refer students. We will reach out to other local colleges. TAP Program Veterans 2/15/14 We have a meeting set up on 3/20/14 to speak 2012 Peoplefluent in©front of veterans during TAP workshop regarding job openings. Will monitor # of total applicants and hires. © 2014 Peoplefluent WCAD Final Regs Review│51

Sample Self-Audit Table AAP Component AAP Requirement Compliance (Y/N) and Follow up action (if date last reviewed necessary) Policy statement Posted on bulletin board Yes (2/5/14) Posted on intranet No 3/20/14 (J. Doe will post) No 3/20/14 (J. Doe will post) Posted on electronic app Updated form with CEO name, date and signature Yes (2/11/14); will begin using 3/20/14 No Review of EEO tagline (updated) © 2014 Peoplefluent PO and contract verbiage updated Certificate of Compliance sent to subcontractors External Dissemination Yes (2/5/14) Yes (2/10/14) 1/1/15 is scheduled to go out by HR © 2012 Peoplefluent WCAD Final Regs Review│52

ATS © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│53

RMS Execution  March 24 – Updated Equal Opportunity Clause for All Job Advertisements  Applies to RMS Career Sites and Job Post Aggregators  Based on AAP Year – Fully Automated Self Identification of Veterans & Disability Status     Scale – All candidate invitations are automated no matter how the candidate applies Reliable – Extra investment made in new questionnaire trigger so recruiters cannot break process New career site self-identification forms New standard self-identification questionnaires can be sent from the workflow  Data Retention and Standard Reports  New standard fields for simplified reporting, process audit, and data extracts  New standard report satisfy specific OFCCP measures  Built with the understanding there is a 3 year recordkeeping & analysis requirement © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│54

DISCLAIMER: This information provided in this presentation is for educational and information purposes only. It do not constitute legal advice or legal opinions. Peoplefluent make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained herein. Nothing that is provided in this presentation should be used as a substitute for the advice of legal counsel. Thank You! © 2012 Peoplefluent © 2014 Peoplefluent WCAD Final Regs Review│55

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