Archive for the ‘Latest News’ Category
OFCCP Proposes Numerical Goal for Individuals with Disabilities
Last Updated on Monday, 12 December 2011 11:06 Written by HudsonMann Monday, 12 December 2011 11:05
On December 8, 2011, the Office of Federal Contract Compliance Programs (OFCCP) issued this announcement:
The U.S. Department of Labor is proposing a new rule that would require federal contractors and subcontractors to set a hiring goal of having 7 percent of their workforces be people with disabilities, among other requirements. The department’s Office of Federal Contract Compliance Programs invites public comment on this proposal, which will be published in the Dec. 9 edition of the Federal Register.OFCCP’s proposed rule would strengthen the affirmative action requirements established in Section 503 of the Rehabilitation Act of 1973 obligating federal contractors and subcontractors to ensure equal employment opportunities for qualified workers with disabilities. The proposed regulatory changes detail specific actions contractors must take in the areas of recruitment, training, record keeping and policy dissemination — similar to those that have long been required to promote workplace equality for women and minorities. In addition, the rule would clarify OFCCP’s expectations for contractors by providing specific guidance on how to comply with the law.
“This proposed rule represents one of the most significant advances in protecting the civil rights of workers with disabilities since the passage of the Americans with Disabilities Act,” said Secretary of Labor Hilda L. Solis. “President Obama has demonstrated a commitment to people with disabilities. This proposed rule would help federal contractors better fulfill their legal responsibility to hire qualified workers with disabilities.”
Although Section 503 regulations have been in place for decades, the current unemployment rate for people with disabilities is 13 percent, 1 1/2 times the rate of those without disabilities. Even more discouraging, data published last week by the department’s Bureau of Labor Statistics show stark disparities facing working-age individuals with disabilities, with 79.2 percent outside the labor force altogether, compared to 30.5 percent of those without disabilities.
“For nearly 40 years, the rules have said that contractors simply need to make a ‘good faith’ effort to recruit and hire people with disabilities. Clearly, that’s not working,” said OFCCP Director Patricia A. Shiu. “Our proposal would define specific goals, require real accountability and provide the clearest possible guidance for employers seeking to comply with the law. What gets measured gets done. And we’re in the business of getting things done.”
Establishing a 7 percent hiring goal for the employment of individuals with disabilities would be a tool for contractors to measure the effectiveness of their affirmative action efforts and thereby inform their decision-making. The proposed rule also would enhance data collection and record-keeping requirements — including for documentation and processing of requests for reasonable accommodation — in order to improve accountability. Additionally, it would ensure annual self-reviews of employers’ recruitment and outreach efforts, and add a new requirement for contractors to list job openings to increase their pools of qualified applicants.
To read the notice of proposed rulemaking or submit a comment, visit the federal e-rulemaking portal at http://www.regulations.gov. Comments also can be submitted by mail to Debra Carr, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Room C-3325, 200 Constitution Ave. NW, Washington, D.C. 20210. All comments must be received by Feb. 7, 2012, and should include identification number (RIN) 1250-AA02.
In addition to Section 503, OFCCP enforces Executive Order 11246 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. As amended, these three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they take affirmative action and not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP’s toll-free helpline at 800-397-6251 or visit its website at http://www.dol.gov/ofccp/.
Source: http://www.dol.gov/opa/media/press/ofccp/OFCCP20111614.htm
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Tax Credits for Hiring Veterans
Last Updated on Monday, 12 December 2011 11:08 Written by HudsonMann Monday, 12 December 2011 11:00
On November 21, President Obama signed into law the American Jobs Act, that allows for two new tax credits for hiring unemployed veterans. Coinciding with these incentives, the Administration also launched the Veterans Job Bank to help veterans more easily identify the companies who are looking to hire them.
The Tax Credits
The Returning Heroes Tax Credit allows different credits for short-term and long-term unemployed veterans. This means up to $2,400 for veterans who have been unemployed at least four weeks and up to $5,600 for veterans who have been unemployed longer than six months.
The Wounded Warrior Tax Credit will allow a credit of up to $9,600 for hiring veterans with service-connected disabilities that have been unemployed for longer than six months.
Click here for more details about the veteran tax credits.
Veterans Job Bank
To increase the connection between veterans seeking jobs and employers seeking to hire veterans, the Obama Administration has launched the Veterans Job Bank. According to the website, “The Veterans Job Bank returns job opportunities based on search criteria entered by the user. Powered by a Google search, jobs are drawn from various job boards that have posted or specifically tagged jobs for Veterans.”
Employers seeking to participate in the Veterans Job Bank can follow these instructions to ensure their jobs appear in the appropriate searches. The instructions are detailed and become very technical quickly, so you’ll want to get your IT department or applicant tracking system provider involved in the process.
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OFCCP’s New Functional AAP Directive
Last Updated on Tuesday, 12 July 2011 11:00 Written by HudsonMann Tuesday, 12 July 2011 11:00
On June 14, OFCCP Director Patricia Shiu signed a directive outlining OFCCP’s new Functional Affirmative Action Program (FAAP) policies. FAAPs provide a way for Federal contractors and subcontractors to organize their AAPs by business unit or function as opposed to establishments or locations. A written agreement with OFCCP is required before contractors can implement an FAAP structure. These agreements must go through a renewal process every three years.
To meet the basic criteria for a Functional AAP each included business unit or function must:
- currently exist and operate autonomously
- include at least 50 employees
- have its own managing official
- have the ability to track and maintain its own personnel activity
The contents of a FAAP are the same as an establishment-based AAP and the contractor’s EEO compliance history from the past three years will be considered during the application period. Additionally, compliance evaluations of at least two FAAPs during the three year period will be required before renewals will be approved. During the compliance evaluation process, FAAP contractors must agree to submit personnel activity (i.e. applicant flow, hire, termination, promotion, and compensation data) in a “readable and useable electronic format” like MS Excel or Access.
Detailed requirements of FAAP agreements as well as instructions for requesting one can be found in the directive. Contact HudsonMann if you need assistance applying for a Functional AAP agreement or assessing the feasibility of this method for your organization.
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OFCCP Publishes Proposed VEVRAA Regulation Revisions
Last Updated on Thursday, 28 April 2011 01:54 Written by HudsonMann Tuesday, 26 April 2011 12:39
The Office of Federal Contract Compliance Programs (OFCCP) today announced the publication of proposed revisions to existing veterans’ protection regulations. Copies of the regulations can be found here: www.regulations.gov
OFCCP’s announcement reads:
OFCCP Publishes Proposed VEVRAA Regulation Revisions to Strengthen Employment Protections for Veterans
Increasing numbers of veterans are returning from duty in Iraq, Afghanistan and other places around the world only to face substantial obstacles in finding employment. Today, in the spirit of ensuring that all Americans have equal access to good jobs and that America’s workplaces are equitable, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking (NPRM). The NPRM recommends revisions that strengthen Federal regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (Section 4212), as amended, commonly referred to as VEVRAA.
OFCCP proposes several changes to the requirement that employers doing business with the Federal government engage in specific types of outreach and recruitment that target veterans. One proposal requires Federal contractors to evaluate annually the effectiveness of their efforts to ensure that protected veterans have access to employment opportunities. The NPRM also proposes requiring Federal contractors to establish and maintain quantitative data on the number of protected veterans they learn about through job referrals, the number of protected veterans applying for jobs, and the number of protected veterans they hire. OFCCP’s proposal also requires contractors to establish annual hiring benchmarks based on availability data and other relevant information. These benchmarks will enable contractors to measure their success in recruiting, employing, and retaining protected veterans.
Another proposal addresses self-identification. In light of the difficulty identifying a veteran protected by Section 4212, the NPRM suggests requiring Federal contractors to invite veterans to self-identify both pre-and post-offer of employment.
You can submit comments on OFCCP’s NPRM either electronically at http://www.regulations.gov or by mail. The identification number (RIN) for this NPRM is 1250-AA00. If you are mailing or hand delivering comments, send them to Debra Carr, Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, Room C-3325, 200 Constitution Avenue, N.W., Washington D.C. 20210. Indicate RIN number 1250-AA00.
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