As of March 24, 2014 federal contractors and subcontractors are required to take additional affirmative measures to ensure that people with disabilities are provided equal opportunity in employment. The new regulations were issued by the Office of Federal Contract Compliance (OFCCP) under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment and Assistance Act (VEVRAA).
The new regulation enhances the affirmative action provisions of the legislation to aid contractors in their efforts to recruit and hire Individuals with disabilities (IWDs), and improve job opportunities. The new rule also makes changes to the non-discrimination provisions of the regulations to bring them into compliance with the Americans with Disabilities Act (ADA) Amendments Act of 2008.
The highlights of new regulations include requirements for contractors to:
- Establish a 7% utilization goal;
- Document and update several quantitative comparisons for the number of IWDs who apply for jobs and the number of IWDs they hire;
- Invite applicants to self-identify as IWDs at both the pre-offer and post-offer phases of the application process;
- Give their current employees the opportunity to self-identify as IWDs every five years. The OFCCP’s self Identification form is offered here.
I am concerned that individuals may be reluctant to self-identify as having a disability for fear that it might limit their career mobility. Unconscious and conscious biases about IWD’s capabilities to perform are still very prevalent. As with other aspects of diversity, the work for practitioners is to ensure that IWD’s are treated equitably, feel safe, valued, respected and included.
