PRESS RELEASE – US DEPARTMENT OF LABOR ANNOUNCES A FINAL RULE UPDATING ITS EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP REGULATIONS

The U.S. Department of Labor has updated its Equal Employment Opportunity Apprenticeship Regulations. Click here to learn more.

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This Just In – VEVRAA Hiring Benchmark Released

The annual VEVRAA hiring benchmark has been released and it is 6.7%. Click here to learn more.

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The “Blacklisting” Rule is No More

In a move lauded by federal contractors, President Donald Trump signed a resolution into law today that blocks the “blacklisting” rule from taking effect.  The rule would have required federal contractors to disclose allegations of misconduct, whether or not those allegations were proven or dismissed, going back for three years.  Congress invoked the Congressional Review Act to block the rule before it took effect and President Trump’s actions today cemented the rule’s fate.

It has been targeted by contractors and Congress ever since it was enacted by President Obama by executive order.  Many critics cited the onerous reporting requirements and obligations which would discourage smaller businesses from competing for federal contracts.  Critics also argued that there are sufficient measures already in place to ensure fair pay and safe work environments under existing laws making the blacklisting rule an unnecessary and duplicative regulation.

Members of Congress were quick to hail the action as part of President Trump’s overall plan to reducing red tape and limiting the power of unelected officials.  Fact Sheet on the resolution.

For more information, contact Ahmed Younies at 714-884-4610 or ayounies@hrunlimitedinc.com.

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Press Release – U.S. Dept. of Labor Announces Availability of $66M in Grants

The U.S. Department of Labor has announced the availability of $66 million in grants to improve employment opportunities for justice-involved individuals. Click here to learn more.

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This Just In – OFCCP Just Mailed Scheduling Letters to Selected Federal Contractors To Be Audited

At the end of last week, the OFCCP began mailing Scheduling letters to selected contractors.  For Federal Contractors who received CSALs, be prepared.  Since Compliance Officers’ case load  is more manageable, expect more comprehensive and longer audits.

Remember! The OFCCP itself addressed on its website that A contractor establishment should not be scheduled for another compliance evaluation during the 24–month period following the date on which the prior review was closed.  The OFCCP further advised that the establishment’s representative should call the local OFCCP office which issued the scheduling letter to inform them of the pending 24-month period.  Click here for the OFCCP “FAQs”, and scroll down to the last question.

If you receive a letter and would like assistance in preparing for the Scheduling Letter or Desk Audit submission, please feel free to contact Ahmed Younies at (800) 708-3655 extension 703, ayounies@hrunlimitedinc.com or Chat with one of our representatives.

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Best Practices for Making Job Applications Accessible to Individuals with Disabilities

Applying for employment is nerve-wracking enough without a disability.  Try to imagine, then, if you had some form of disability that made it difficult to even navigate the on-line application process.  What if you are blind but the application has no text-to-speech capability?  Or, the application has a time limit that shuts you out after 60 minutes which is not enough time for you to read and respond since you are dyslexic?  While technology has made so much of hiring easier and accessible, it still lags behind in terms of accommodations for those with certain disabilities.

Accommodation in hiring, not just in employment, is required by the Americans with Disabilities Act (ADA).  The ADA prohibits discrimination against a qualified applicant with a disability by employers with 15 or more employees as well as government (both state and local) employers.  An individual with a disability, as defined by the ADA, is a person who has an impairment, either mental or physical, that “substantially limits a major life activity”, has a history or record of a substantially limiting impairment, or someone who is regarded by their employer as having such a substantially limiting impairment.

Such an applicant – an individual with a disability as defined under the ADA – is protected by the ADA in the hiring process, not just employment, provided the individual is able to meet the employer’s requirements for the position.  They must have the requisite training, education, licensure, etc., as required by the employer as a condition of employment.  Those individuals with disabilities who do meet this requirement are then eligible for accommodations, and if they require them, should be provided with them by the prospective employer.

While accommodation requirements for hiring are not new, the internet has changed the way in which most people now apply for positions.  And, unfortunately, the internet is not always accessible to those with disabilities, particularly those with blindness, paralysis, arthritis, low vision, or dyslexia.

Many large employers, including the federal government, are addressing this somewhat neglected area. Specifically, the Office of Federal Contract Compliance Programs (OFCCP) has already implemented rules designed to address the need for contractors to be accessible not just in employment, but in hiring as well.  Per the ADA and the Vietnam Era Veterans’ Readjustment Assistant Act (VEVRAA), federal contractors are required to make online applications for employment accessible to those applicants who are qualified and have disabilities or are disabled veterans.

For example, while many systems are somewhat accessible to disabled users and those users may also use adaptive software for their own purposes, an online system may still not be fully accessible to them.  The adaptive software may not correctly display graphics or a webpage may not work at all with adaptive software.  OFCCP encourages, but does not require, contractors to get around this problem by using “universal design” techniques in their website and application design.  This is particularly crucial and important if the contractor only uses on-line applications for employment.  Even then, the contractor must make alternative avenues for filling applications available to individuals with disabilities if they are still unable to apply on-line.

As for what not to do, do not establish a separate application system to be used solely by individuals with a disability.  This would constitute an illegal inquiry prior to employment as to the disability status of the applicant.  It could also be seen as a form of segregation.  This prohibition is different from the requirement that the employer offer an alternative method of application since this avenue is offered in addition to the on-line form and does not seek to isolate disabled applicants.

On the what to do, do provide additional accommodations to applicants such as offering information about job vacancies in formats that are accessible such as braille, or using TDD; and, allowing time extensions for applications that are timed for those with cognitive difficulties.

Do incorporate interoperability in your application system such that it will work with an applicant’s adaptive technology.  Do periodically evaluate and audit your hiring process to ensure that you are providing opportunities to individuals with disabilities, including in the hiring process and respect to online systems.

A vibrant and skilled applicant pool is waiting but may need some additional help to find their way to you.  Making your on-line application systems accessible to these individuals who may also have disabilities can get you access to these vibrant and skilled workers.

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Pressure Mounts on Feds to Cut Rule Requiring Pay Data

Last month, Victoria Lipnic, interim Chair of the Equal Employment Opportunity Commission (EEOC) expressed her opinion that the revisions to the EEO-1 form requiring disclosure of pay data from employers should be re-evaluated.  Her statement fell short of advocating outright repeal, mainly because Democrats still have a majority of the seats on the Commission.  Still, it sent a shot across the bow and gave a possible hint as to what the EEOC under the Trump Administration might do with this particularly controversial revision.

Now, the U.S. Chamber of Commerce has come out in favor of eliminating the rule or delaying its implementation by way of petitioning the Office of Management and Budget (OMB) to rescind its approval of the rule. The Chamber recently sent a letter to John Mulvaney, the director of OMB, which oversees and approves administrative rules for all federal agencies, requesting the rescission or at least review, which would delay implementation of the rule.

The rule has never been popular with the business sector.  At its core, it requires employers with 100 or more employees to report summary pay data, specifically what it pays its employees categorized by gender, ethnicity and race as part of the annual Employer Information Report or EEO-1.  The stated purpose of the data collection is to allow the EEOC greater information to use to investigate pay discrimination and wage gaps.  The information provided would not include individual pay, salaries, or any information that could identify a worker personally.

Lipnic, then as a commissioner, voted against its adoption when it was first introduced.  She was out-voted by the Democratic majority on the board and the rule was approved with a deadline from September 30, 2016, until March 31, 2018-to prepare for this change.  Given the due date which is almost exactly one year away, the pressure on the Trump Administration to make a decision about the fate of this rule is mounting because businesses will need to start preparing for the change by obtaining new software, hiring staff, and making other expenditures to become compliant on the deadline.

Keeping these deadlines in mind, the Chamber in its petition to OMB to rescind the rules, pointed out numerous flaws that it had identified in the program that it claims OMB approved in error.  Specifically, the Chamber argued that the EEOC failed to meet it regulatory burden under the OMB’s rules to show that the collection of the data would be useful or have any utility in furthering the EEOC’s directive of fighting pay discrimination.

Further, the Chamber argued, the EEOC failed to adequately disclose the costs and burdens the new reporting requirement would put on employers.  The Chamber argued that the costs and burdens were far higher than those estimated by the EEOC and argued that employers could easily be required to collectively spend upwards of $400 million each year to provide the data.

The Chamber urged OMB to see the error of its ways and pull back the approved regulations, preferably sooner rather than later, to at least hold them in abeyance while the Trump Administration decides how it wants to proceed.  Presumably, the Chamber is also working the Administration directly to make some decision as to the immediate fate of the rule.

The Chamber’s attempt to kill the rules through the OMB rather than the EEOC can be explained by the fact that as of now, the EEOC’s board is still made up of a majority of Democrats, all of whom voted for the rule revision.  It is very unlikely that they would change their mind now, meaning Lipnic and the Administration will have to wait them out until their terms expire.  This will not happen until later this year, which may be too late for some companies who would have already begun to make investments to comply.

For her part, Lipnic recently stated that she was not surprised that the rule’s burden was being reviewed and questioned by stakeholders.  She also stated that she was sure that OMB was going to give the matter a full review.

For more information, contact Ahmed Younies at 714-884-4610 or ayounies@hrunlimitedinc.com.

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