By Carole Black-Oracle on May 01, 2014
On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973 as amended (Section 503) at 41 CFR Part 60-741. Section 503 prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities (IWDs), and requires these employers to take affirmative action to recruit, hire, promote, and retain these individuals. The Final Rule strengthens the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire IWDs, and improve job opportunities for individuals with disabilities. The Final Rule also makes changes to the nondiscrimination provisions of the regulations to bring them into compliance with the ADA Amendments Act of 2008.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs also announced a Final Rule that makes changes to the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), as amended at 41 CFR Part 60-300. VEVRAA prohibits federal contractors and subcontractors from discriminating in employment against protected veterans, and requires these employers to take affirmative action to recruit, hire, promote, and retain these veterans. The Final Rule strengthens the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire protected veterans and improve job opportunities for protected veterans.
The OFCCP published the Final Rule in the Federal Register on September 24, 2013, which became effective on March 24, 2014. However, current contractors with a written affirmative action program (AAP) already in place on the effective date have additional time to come into compliance with the AAP requirements: they can maintain that AAP for the duration of their AAP year. Such contractors are required to update their affirmative action programs to come into compliance with the requirements of subpart C of this final rule at the start of their next standard twelve month AAP review cycle.
Under the new Section 503 regulations, federal contractors are required to extend three separate invitations to applicants or employees to optionally self-identify their disability status:
- Pre-Offer: All applicants must be offered an invitation to self-identify as individuals with a disability whenever the applicant “applies or is considered for employment.” To accommodate this requirement, a new page "Disability Information" that offers candidates the opportunity to self-identify their disability status when applying for a new job is being delivered as part of the Oracle EBS iRecruitment product. This page will be made available as part of the External candidate job application flow for external applicants.
- Post-Offer: After the offer of employment, as the applicant begins job duties, contractors must extend another invitation to voluntarily self-identify as an individual with a disability. A new form CC 305 must be offered as part of the new hire “paper work”.
- Existing Employees: All federal Contractors must invite all current employees to voluntarily self-identify as an individual with a disability at least once every 5 years using the language prescribed by the OFCCP in new form CC 305.
Under the new VEVRAA regulations, federal contractors are required to extend two separate invitations to applicants / employees to optionally self-identify their veteran status:
- Pre-Offer: Prior to extending a job offer, all applicants must be offered an opportunity to self identify as a “protected veteran”. To accommodate this requirement, a new page called Veteran Information for candidates to self identify as a protected veteran when applying for a new job is being delivered as part of the iRecruitment product. This page will be available to external applicants only. Veteran information for internal applications will be defaulted based on the data provided in the HR system and the candidate could be directed to the HR self identification form if they desire to change any information.
- Post-Offer: After the offer of employment, but before the applicant begins job duties, contractors must extend a second invitation to voluntarily self-identify their veteran status.
To accommodate the Section 503 and VEVRAA Post-Offer
requirements, the following US HR one off patches have been released for
Release 12.1 customers that contain a new Employee Self Service pages: Disclose
Disability Status and Invitation to Disclose Veteran Status. These pages
contain enter-able PDF forms containing the language required by the regulations
where users can optionally make a selection and submit it as part of Employee
18410751:R12.PER.B - For Release 12.1 customers who have applied:
- R12.1 HRMS RUP6 18598262:R12.PER.B - For Release 12.1 customers who have applied R12.1 HRMS RUP5
The above patches also contain a new report 'US OFCCP Disability/VEVRAA Audit Report' to assist customers in the event they are selected for a compliance audit by the OFCCP. This new report can be used to generate an audit report containing employee disability and veteran status information. Please note that this new report provides audit details for employees only; it does not report applicant data.
Please see the following readmes on My Oracle Support for full details**:
- Document 1639501.1 - OFCCP Section 503 and VEVRAA Compliance Update Patch Readme for Release 12.1 HRMS RUP6
- Document 1667249.1 - OFCCP Section 503 and VEVRAA Compliance Update Patch Readme for Release 12.1 HRMS RUP5
**Note: The functional readmes listed above do not contain detailed patch installation instructions. Please refer to the applicable patch readme available in the patch download area on My Oracle Support for the patch installation instructions.
Oracle Development is targeting mid-May to release one off US HR patches for Release 11i and 12.0 customers.
For further details on the new regulations and what Oracle Development is delivering to accommodate these regulations, please also see :
- Document 1639539.1 - Oracle E-Business Suite Human
Resources and iRecruitment Position Statement: 2014 OFCCP Section 503 and
Please note that a one off patch is being released separately for the Oracle iRecruitment product to accommodate the pre-offer requirements for applicants. More information on the iRecruitment patch can be found in My Oracle Support