Office of Federal Contract Compliance Programs Provides Guidance to Federal Contractors on New Affirmative Action Requirements

By: Lisa M. Schonbeck, Esq.

On May 27, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) posted new samples of affirmative action programs (“AAPs”) on its website. These AAP samples provide some guidance for federal contractors who are subject to the affirmative action requirements of Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 (“Section 503”), and the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”).

The new samples were created in response to changes in the regulations, and questions that arose in relation to those changes. For instance, Section 503’s regulations were revised to require federal contractors to collect additional information regarding the number of individuals with disabilities within their workforces, to adopt a 7% utilization goal for the employment of those individuals, and to conduct analyses of their workforces in comparison to this goal. Likewise, VEVRAA’s regulations now require contractors to set a “benchmark for hiring” for protected veterans. However, these changes did not become effective until March 24, 2014, which was in the middle of many contractors’ plan year. As a result, contractors may need to prepare “transitional” plans, in which they incorporate the new requirements to the best of their abilities despite not having had an entire year to collect data or take other steps toward compliance.

The new samples provide guidance on what information these transitional plans should include and how contractors can indicate in their AAPs that they are working toward full compliance with the revised regulations.

Leech Tishman’s employment attorneys have experience drafting AAPs that comply with the revised regulations and can assist your organization in making sure that your AAPs, transitional or otherwise, comply with the revisions.

Lisa M. Schonbeck is a Partner in the Employment and Litigation Practice Group. She is based in the Pittsburgh office. Lisa can be reached at 412.261.1600 or lschonbeck@leechtishman.com.

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