As part of its on-going effort to provide guidance to the contractor community, the Office of Federal Contract Compliance Programs (OFCCP) has posted two new Frequently Asked Questions (FAQs).

One new FAQ addresses the ways in which contractors may store self-identification information in compliance with the revised Section 503 regulations, and provides several options:

Electronic Invitations. A contractor that electronically invites voluntary self-identification of disability must either:

• Retain electronic copies (e.g., pdf, scanned, etc.) of the electronically completed self-identification forms, as well as any log, spreadsheet or database it may have developed to record the data from the self-identification forms;
• Retain hard copies of the electronically completed self-identification forms, as well as any log, spreadsheet or database it may have developed to record the data from the self-identification forms; or
• Retain a detailed log, spreadsheet or database of the data collected from each electronically completed form, without copies of each individually completed form, if the electronic system does not store completed forms. However, the contractor must also be able to demonstrate how they delivered and/or displayed the voluntary invitation to self-identify. This allows compliance officers to verify that contractors met their obligation to use the OMB-approved form.

Q: How should contractors list job openings for "remote jobs," that is, jobs that are full-time telework positions from any location, in order to comply with VEVRAA's job listing requirement?

A: VEVRAA requires that contractors list all employment openings which exist at the time of the execution of the contract, and which occur during the performance of the contract, with the appropriate employment service delivery system (ESDS) where the opening occurs. Typically, the location of a job opening, or where a job opening "occurs," is the location to which the employee must report for work. For a job opening that does not require the employee to report to, or work from, a specific location, a contractor may satisfy the job listing requirement by listing the job opening with the state or local ESDS where the work unit, division, department or supervisor to which the employee will report or be assigned is located.

Q: Does the Scheduling Letter request data and information required in the new Section 503 regulations?

A: Yes. Effective October 1, 2014, OMB approved a revised Scheduling Letter and Itemized Listing specifying the documents and data that a contractor must provide to OFCCP when selected for a compliance evaluation. These include the contractor's Section 503 Affirmative Action Program (AAP), and the documentation and information required by Subpart C of the new regulations, including but not limited to the contractor's utilization analysis of the representation of individuals with disabilities, evaluation of outreach and recruitment efforts, and the data described in § 60-741.44(k).

Q: Does the revised Scheduling Letter request data and information required in the new VEVRAA regulations?

A: Yes. Effective October 1, 2014, OMB approved a revised Scheduling Letter and Itemized Listing specifying the documents and data that a contractor must provide to OFCCP when selected for a compliance evaluation. These include the contractor's VEVRAA Affirmative Action Program (AAP), and the documentation and information required by Subpart C of the new regulations, including but not limited to the contractor's annually established hiring benchmark, evaluation of outreach and recruitment efforts, and the data described in § 60-300.44(k).

Source: U.S. Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP)

This information is intended to be educational and should not be considered legal advice on any specific matter.