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Two New OFCCP Directives

The Office of Federal Contract Compliance Programs (OFCCP) passed two new directives to help support the equal opportunity for employment of veterans, disabled veterans and persons with disabilities: Good-Faith Initiative for Veterans Employment (G-FIVE) and the addition of a review of the Federal Contractor’s Online Application Selection System in compliance evaluations.

G-FIVE

The G-FIVE directive establishes a new government contractor rating that rewards government contractors that go above and beyond their obligation to hire and promote veterans and veterans with disabilities. This is the first time a rating has been put in place by the OFCCP to recognize and reward a government contractor’s efforts for employing veterans and veterans with disabilities. When a government contractor receives a G-FIVE rating, the OFCCP will publicly recognize that firm as a G-FIVE employer and grant the covered establishment a three-year moratorium on future OFCCP audits.

In order to be considered for the G-FIVE rating, a government contractor must be able to show:

  • Veterans in the contractor’s labor force as well as an increase of the number of veterans
  • Partnerships with local veterans’ service organizations
  • Use of state and/or local workforce agencies
  • Documentation of job advertisements and career fairs targeting covered veterans
  • Affirmative action steps taken to attract disabled veterans
  • On-the-job training for covered veterans

Details of the G-FIVE initiative can be downloaded from the OFCCP website at the following link:
http://www.dol.gov/esa/ofccp/regs/compliance/directives/dir282.pdf

Federal Contractor’s Online Application Selection Systems

The second directive, Federal Contractor’s Online Application Selection Systems, is the OFCCP’s response to government contractors’ shift to online job application forms in order to comply with the OFCCP’s Internet Applicant rule.

The shift has helped track who expressed interest in a job online; however, many of the Applicant Tracking System (ATS) vendors that supply the online job application forms do not provide equal access for persons with disabilities to express an interest in a job as required under section 503, VEVRAA and ADA regulations. As a result, the new directive now requires that all OFCCP compliance evaluations must include a review of the government contractor’s online application forms to determine if equal access is available to persons with disabilities and disabled veterans. If equal access is not available, the government contractor will need to show what reasonable accommodations have been made to ensure that disabled persons are able to apply.

The directive clearly outlines that the OFCCP will not hand over discrimination complaints involving the federal contractor’s online application system to the EEOC. Instead, the OFCCP will be required to investigate as required by the regulations.

In order to respond to the possible OFCCP complaints and to prepare for future compliance evaluations, all government contractors should be reviewing their online application forms to determine if equal access is provided for persons with disabilities and disabled veterans applying for jobs. If the online job application form does not provide equal access to persons with disabilities, the contractor should implement steps to provide reasonable accommodations until the online application form can be updated to offer equal access. If a contractor does not take these steps, the next compliance evaluation will include the OFCCP reviewing the online application selection system for such, and the OFCCP will determine if equal access is available to persons with disabilities. As a result, the OFCCP may determine that make-whole remedies are required for those that were adversely impacted, as well as require a change in the process to offer equal access for persons with disabilities and disabled veterans.

A copy of the new online applicant initiative can be downloaded from the OFCCP site at the following link:
http://www.dol.gov/esa/ofccp/regs/compliance/directives/dir281.pdf

For more information about compliant recruitment, please contact David Scheffler, Director Recruitment Compliance, HRworks, at 770-818-0414; or visit us on the Internet at www.HRworks.com.