3N Compliance with VEVRAA and Section 503

Construction contractors with a covered federal contract or subcontract must comply with the requirements of Section 503 and VEVRAA and their implementing regulations.238

The general requirements of these regulations require that federal contractors not discriminate based on protected veteran status or disability. Contractors must provide needed reasonable accommodations to the known physical and mental limitations of qualified individuals with disabilities unless the accommodation would cause an undue hardship. In addition, federal contractors must engage in affirmative action to employ and advance in employment protected veterans and qualified individuals with disabilities. Among other obligations, covered federal contractors must post required notifications for employees and applicants, notify each labor organization with which it has a collective bargaining agreement, incorporate the equal opportunity clauses into subcontracts and include the tag line in all job advertisements.239 A few examples of acceptable combined job advertisement tag lines are “Equal Opportunity Employer – disability and vet,” and “EOE including disability and vet.”240 Federal contractors covered by VEVRAA must also list employment openings with the appropriate ESDS where the opening occurs.

Under VEVRAA, covered federal contractors with 50 or more employees must invite applicants to self-identify as a protected veteran at both the pre-offer stage of employment and at the post-offer stage. Additionally, they must develop a written VEVRAA AAP. The AAP includes a policy statement, review of personnel processes, review of physical and mental job qualifications, reasonable accommodation to physical and mental limitations, procedures to prevent harassment, external and internal dissemination of policy, outreach and positive recruitment, an audit and reporting system, designation of responsibility for implementation, training, data collection and analysis, and establishment of a hiring benchmark. Federal contractors are required to make the AAP, absent the data metrics required by 41 CFR 60-300.44(k), available to applicants and employees, and post notice of the availability.241 COs will analyze the AAP, following the guidance in FCCM 1H and FCCM 2I.

Under Section 503, covered federal contractors with 50 or more employees must invite applicants and employees to self-identify as a person with a disability using the OMB-approved “Voluntary Self-Identification of Disability form” (Form CC-305). Federal contractors must offer the form to applicants at pre-offer and post-offer stages of employment. Federal contractors must also offer the form to employees in the first year the contractor becomes subject to the self-identification requirement and at five-year intervals thereafter. In addition, they must remind their employees at least once during the years between invitations that employees may voluntarily update their disability status. Covered federal contractors with 50 or more employees must also develop a written Section 503 AAP. The AAP includes a policy statement, review of personnel processes, review of physical and mental job qualifications, reasonable accommodation to physical and mental limitations, procedures to prevent harassment, external and internal dissemination of policy, outreach and positive recruitment, an audit and reporting system, designation of responsibility for implementation, training, data collection and analysis, and a utilization goal and analysis. Federal contractors are required to make the AAP, absent the data metrics required by 41 CFR 60-741.44(k), available to applicants and employees, and to post notice of the AAP’s availability.242 CO’s will analyze the AAP, following the guidance in FCCM 1G and FCCM 2H.

COs must describe in detail the federal contractor’s compliance with VEVRAA and Section 503 implementing regulations in Section III.H. of the Construction SCER.