On March 24, 2014 OFCCP’s new regulations for veterans and individuals with disabilities went into effect. Federal contractors face a number of tasks to come into compliance with these new requirements. The following checklist outlines the major changes from OFCCP’s new rules and when they need to be implemented.
Please note that this is a developing area of regulation. Timing of requirements and recommendations may change from time to time based on OFCCP guidance and legal challenges. Check back often or join our mailing list to stay up to date with the latest in OFCCP compliance. We’ll be updating this page regularly with links and additional instructions.
The following list is divided into four time periods to highlight when each requirement is due.
- Conduct and document good faith outreach efforts towards veterans and individuals with disabilities (You will be required to keep this documentation for three years)
- Ensure mandatory job listings in the manner appropriate to your Employment Service Delivery System (ESDS)
- Ensure reasonable accommodations for applicants with disabilities (including online applicants)
March 24, 2014:
- Update Equal Opportunity (EO) clause in sub-contracts and purchase orders
- Post updated Equal Opportunity notices physically and electronically (These will need to indicate the support of your company’s top US executive)
- Notify labor organizations with which you have a collective bargaining agreement of non-discrimination obligations. Download sample notification statement.
- Update job ads to spell out your EEO policy
- Provide additional company information to appropriate ESDS (60-300.5a(4))
Start of Next AAP Cycle After 3/24/2014 (Phased-in compliance)
- Update AAP narratives with new definitions and regulatory citations
- Implement new self-identification procedures for employees and applicants using new forms
- Provide written notice of AAP obligations to subcontractors (60.741.44(f)). Download sample notification statement.
- Make EEO/Affirmative Action policy statement available in policy manual or by other means
- Perform data collection on: number of applicants, number of job openings, number of jobs filled, number of hires, number of hires that are individuals with disabilities and/or protected veterans. (This will need to be kept at least three years)
End of Phased-in Compliance AAP Year:
- Conduct a self assessment of good faith efforts (keep records for 3 years)
- Review your Audit and Reporting systems (keep analysis for 3 years)
- Conduct 7% utilization analysis for individuals with disabilities
- Conduct 5.6% hiring benchmark analysis for protected veterans (as of March 31, 2020)
- Survey employees using new self-ID forms at least every 5 years