By: Evan Szarenski
This blog is part 2 of an analysis of the new OFCCP scheduling letter for federal construction contractors.
Section 503 and VEVRAA, Item 2
This item requires contractors to submit documentation that it provided notice of the company’s EEO policy to unions and requested their cooperation. OFCCP removed the requirement of submitting outreach to community organizations from this item, although documentation of outreach to community organizations may be covered by Item 5.
Section 503 and VEVRAA, Item 3
Prior language:
Your most recent assessment of your personnel processes, as required by 41 CFR § 60-741.44(b) [or 300.44(b)], including a description of the assessment and any actions taken or changes made as a result of the assessment.
New language:
Your most recent assessment of your personnel processes, as required by 41 CFR 60-741.44(b) [or 300.44(b)]. This assessment shall include, at a minimum, a description of the assessment, any impediments to equal employment opportunity identified through the assessment, and any actions taken, including modifications made or new processes added, as a result of the assessment.
OFCCP’s new scheduling letter provides additional data on what needs to be provided for this item. It also specifically requires contractors to identify impediments identified during the assessment, which was not previously required. Contractors should take care that they are not admitting to any violations in their response to this item.
Section 503 and VEVRAA, Item 5
Prior language:
Results of the evaluation of the effectiveness of outreach and recruitment efforts taken to identify and recruit qualified individuals with disabilities as described in 41 CFR § 60-741.44(f) [or 300.44(b)].
New language:
Documentation of appropriate outreach and positive recruitment activities reasonably designed to effectively recruit qualified individuals with disabilities, and an assessment of the effectiveness of these efforts, as provided in 41 CFR 60-741.44(f) [or 300.4(f)]. This includes documentation of all activities undertaken to comply with the obligations at 41 CFR 60-741.44(f) [or 300.44(f)], the criteria used to evaluate the effectiveness of each effort, and whether you found each effort to be effective. The documentation should also indicate whether you believe the totality of your efforts was effective. In the event the totality of your efforts was not effective in identifying and recruiting qualified individuals with disabilities, provide detailed documentation describing your actions in implementing and identifying alternative efforts, as provided in 41 CFR 60-741.44(f)(3) [or 300.44(f)(3)]. Provide this information for the immediately preceding AAP year. If you are six months or more into your current AAP year on the date you receive this listing, also provide information on your outreach and recruitment activities for at least the first six months of the current AAP year.
OFCCP has significantly expanded the data that must be submitted regarding outreach and recruitment efforts. Instead of just the evaluation, contractors must now submit documentation of the outreach activities themselves. In addition, contractors must submit the action they took if the outreach and recruitment was not effective. This change brings this item into alignment with the supply and service scheduling letter.
Section 503, Item 8
Prior language:
The utilization analysis evaluating the representation of individuals with disabilities in each construction trade, or, if appropriate, evaluating the representation of individuals with disabilities in the workforce as a whole, as provided in 41 CFR § 60-741.45. If you are six months or more into your current AAP year on the date you receive this letter, please also submit information that reflects current year progress.
New language:
The utilization analysis evaluating the representation of individuals with disabilities in each construction trade, or, if appropriate, evaluating the representation of individuals with disabilities in the workforce as a whole, as provided in 41 CFR 60-741.45. If any underutilization of individuals with disabilities is identified, provide a description of the steps taken to determine whether and where impediments to equal employment opportunity exist in accordance with 41 CFR 60-741.45(e). Pursuant to 41 CFR 60-741.45(e) and (f), this description shall include your assessment of personnel processes, the effectiveness of your outreach and recruitment efforts (if different than Item 5), the results of your affirmative action program audit, any other areas that might affect the success of the affirmative action program, and a description of action-oriented programs developed and executed to correct any identified problem areas. Provide this information for the immediately preceding AAP year. If you are six months or more into your current AAP year on the date you receive this listing, provide the information that reflects your progress for at least the first six months of the current AAP year.
While the previous version of scheduling only required contractors to submit the disability utilization analysis results, the new scheduling letter also requires contractors to submit information on the action-oriented programs designed to correct problem areas that are leading to underutilization for individuals with disabilities. This change brings this item into alignment with the supply and service scheduling letter. This provision is only applicable to Section 503, so there is not a corresponding change to the VEVRAA portion of the letter.
The revised scheduling letter will make initial submissions to OFCCP more time- and labor-intensive to compile. To reduce the burden (and the risk of receiving a notice of violation from OFCCP), contractors should start evaluating their systems and processes now to ensure they are in compliance with OFCCP regulations and that the data can be efficiently gathered after receiving the scheduling letter.
The DCI blog will continue to provide updates on further developments as they occur.