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Government Contractor Compliance & Regulatory Update

OFCCP Issues Final Rules on Affirmative Action Obligations for Veterans and Individuals with Disabilities

Posted in Disability, OFCCP

The Office of Federal Contract Compliance Programs (“OFCCP”) today released its final rules implementing the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act regarding individuals with disabilities.  The rules bring about significant changes for the obligations of federal contractors to take affirmative action regarding veterans and individuals with disabilities.

Below are a few highlights of the final rules:

  • The File Rule implementing Section 503 creates, with some exceptions, a seven (7) percent utilization goal for individuals with disabilities. 
  • For the Final Rule for VEVRAA, federal contractors must establish benchmarks for hiring veterans that comport either with the national percentage of veterans in the civilian labor force or other similar population measures.
  • Federal contractors must invite applicants to self-identify as an individual with a disability or a veteran both pre-offer and post-offer.  Federal contractors must also survey their employees every five years and offer them the opportunity to self-identify as an individual with a disability.
  • Both rules have significant data collection and records access provisions.

The rules will be published in the Federal Register within the next several days and will take effect 180 days after being published.  The VEVRAA final rule can be found here and the Section 503 final rule can be found here

Within the next several days, Proskauer will publish a comprehensive Client Alert summarizing these new regulations.  We will also be providing a Webinar within the next two weeks discussing the requirements and implications of the new regulations and a comprehensive “tool kit” for complying with them.