Federal contractors’ obligations for Individuals with Disabilities (IWD) under Section 503 and Protected Veterans (PV) under VEVRAA remain active and enforceable. Staying focused on current requirements—even amid proposed regulatory changes—is crucial, because enforcement and procurement-related compliance attestations still depend on what’s required now.
Below are some key takeaways from the webinar to help keep federal contractors on track with these ongoing obligations.
The Section 503 and VEVRAA regulations both include extensive narrative requirements to document how your organization actually runs compliant processes (not just what your policy says). Core narrative elements include a policy statement, personnel process and qualification standard reviews, reasonable accommodation procedures, harassment policy, outreach and dissemination, internal communication, an audit/reporting system, responsibility for implementation, and training.
The policy statement should include:
a commitment to non-discrimination,
how someone can request to view the plans,
assignment of overall responsibility for the plan,
leadership endorsement/signature by the top U.S. official,
statements against retaliation for engaging in protected activity,
and reference to an audit/reporting system.
Contractors are required to make the policy statement physically available at their establishments (posted) and electronically available (for remote employees). The policy should be made available for applicants too.
The audit and reporting system demonstrates that you aren’t just producing the plan and putting it on a shelf every year. Instead, you should be monitoring items like self-identification processes, applicant tracking, job description review, job posting obligations, and communication of results to leadership across the year.
Contractors must use the OMB-approved disability self-identification form (it can be electronic but not substantially different) at three required points:
Pre-offer (applicant stage)
Post-offer, before work begins
Workforce survey/resurvey at least once every five years, with a reminder at least once in between every survey
Response is voluntary, but contractors should monitor response rates, because low participation can affect analysis results and related follow-up actions.
The IWD NDP requires two key analyses:
If <100 employees, apply to the entire workforce.
If 100+ employees, apply by job group.
Not meeting the 7% isn’t a violation, but contractors should evaluate results, identify potential problem areas, and use action-oriented programs and evaluate outreach efforts to address obstacles.
Protected Veteran self-identification occurs pre-offer and post-offer. There is no VEVRAA requirement to resurvey the workforce, but it can be a helpful best practice (often paired with the IWD resurvey cycle). There is no single required form for soliciting Protected Veteran status (unlike the OMB disability form), but there is specific information that must be shared when making this request, including that information is being requested on a voluntary basis, that it will be kept confidential, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will not be used in a manner inconsistent with VEVRAA.
Failing to meet the benchmark is not a violation, but contractors should be conducting targeted outreach and recruitment, documenting those efforts, and preparing a written evaluation that evaluates the effectiveness of the outreach efforts.
VEVRAA requires listing job openings to the Employment Service Delivery System (ESDS) in the state where the job opening occurs, plus reporting contractor status, hiring contact information, and requesting priority referral of veterans. There are a few exceptions: executive/senior management roles, jobs lasting less than three days, and positions filled internally.
Both programs have record keeping obligations and require contractors to keep supporting documentation for up to three years, including the outreach evaluation and data collection reports. Berkshire recommends maintaining records like postings, referral source tracking, and a “good faith effort” tracker to log outreach and outcomes.
If you need help with your 503 and VEVRAA requirements, contact Berkshire today.