Construction Contractors Technical Assistance Guide

1 Construction Contractors Technical Assistance Guide October 2019 Technical Assistance Guide | Construction Contractors | ii UNITED STATES DEPARTMENT OF LABOR | OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS Table of Contents Introduction .. 2 OFCCP s 3 OFCCP Overview of EEO Legal 3 Laws Enforced by OFCCP ..4 Executive Order 11246, as amended (Executive Section 503 of the Rehabilitation Act of 1973, as amended (Section 503)..4 Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended (VEVRAA).)

2 4 OFCCP s Legal Notices and Contract Clauses ..5 Two General Do Not Discriminate .. 6 Pay Transparency in Federal Workplace Rule Defense .. 8 Essential Job Functions 8 Take Affirmative 8 Notice of Requirement for Affirmative Action to Ensure Equal Employment Standard Federal Equal Employment Opportunity Construction Contract EEO and Pay Transparency Postings and EEO is the Law Poster .. 10 EEO is the Law 10 Pay Transparency Nondiscrimination 10 Notice to Job Advertisement Taglines .. 10 Executive Order 11246 .. 10 Section 11 11 Listing Jobs with the Employment Service Delivery System.

3 11 Immediate Ongoing Notification to OFCCP of Construction Contract Mandatory Notices in Bids and Contracting Opportunity (Executive Order 11246)..13 Specifications (Executive Order 11246).. 13 Equal Opportunity Clauses (Executive Order 11246, Section 503, and VEVRAA)..14 Technical Assistance Guide | Construction Contractors | iii UNITED STATES DEPARTMENT OF LABOR | OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS Mandatory Recordkeeping ..15 What Records to Keep.

4 15 Invitation to Traditional Applicants and Internet Internet Applicants ..17 Traditional Format for Keeping How Long to Keep Participation Goals for Women and Established Goal for Women ..19 Established Goals for Applying the Goals to a Contractor s Maintain hours worked at all sites by Construction Calculate actual participation, by trade ..19 Compare actual participation to established goals in every geographical area, by Two Types of Areas: SMSAs and Non-SMSAs .. 20 Sixteen Affirmative Action Recruitment Step 1 Recruit Women and Minorities from Community Organizations, Schools, and Training Step 2 Encourage Employees to Recruit Women and Minorities.

5 22 Step 3 Track Recruitment 22 Step 4 Track 23 Step 5 Notify OFCCP if Union Referral Process Impedes 24 Step 6 Develop On-the-Job Training EEO Policy and Implementation .. 25 Step 7 Disseminate EEO Policy Step 8 Share EEO Policy with Unions and Training Programs .. 25 Step 9 Review EEO Obligations with Employees Involved in Employment 26 Step 10 Annually Review Supervisor Performance with EEO Obligations .. 27 Personnel Operations .. 27 Step 11 Evaluate Promotion Opportunities for Women and 27 Step 12 Ensure a harassment -Free Workplace .. 27 Step 13 Conform to the Uniform Guidelines on Employee Selection Procedures (UGESP).

6 29 Step 14 Monitor Personnel Practices for Unintended Discriminatory Step 15 Ensure Nonsegregated Contracting Step 16 Document Solicitations from Minority and Female Contractors ..31 Technical Assistance Guide | Construction Contractors | iv UNITED STATES DEPARTMENT OF LABOR | OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS Written AAPs for Section 503 and VEVRAA .. 32 Contract and Employee Thresholds That Trigger AAP Coverage.

7 32 Section 32 32 Developing and Updating 32 Option to Combine Section 503 and VEVRAA 33 Develop and Maintain AAPs by Geographical Area or Company-Wide .. 33 Section 503 Utilization Goal and VEVRAA Hiring Benchmark .. 33 Section 503 Utilization Goal for Qualified Individuals with Disabilities .. 33 VEVRAA Hiring Benchmark for Protected Veterans .. 35 Three-year Recordkeeping Requirement for Benchmarks .. 35 Invitation to 35 Invitation to Voluntarily Self-Identify as an Individual with a Disability (Section 503) .. 36 Invitation to Voluntarily Self-Identify as a Protected Veteran (VEVRAA).

8 36 Documenting Compliance with the Invitation to Self-Identify Requirements ..37 Written AAP Component: EEO Contents of the EEO Policy Statement .. 38 What to Do with the EEO Policy 38 Written AAP Component: Disseminate EEO Policy Internally and Externally .. 38 Purpose of Internal Dissemination .. 38 Purpose of External 39 Table Highlighting Dissemination of Section 503 and VEVRAA EEO Policy .. 39 Written AAP Component: Review of Personnel Processes .. 39 Personnel Processes to 40 Establishing Procedures for Periodic Reviews .. 40 Written AAP Component: Review of Mental and Physical Job 40 Written AAP Component: Reasonable Accommodation.

9 41 Reasonable Accommodation as 41 Reasonable Accommodation as Affirmative 41 What Are Reasonable Accommodations?..42 Reasonable Accommodation Procedures ..42 Written AAP Component: Develop and Implement Procedures to Prevent Written AAP Component: Undertake Outreach and Positive Recruitment ..43 Annual Assessment of Recruitment Three-year Record Retention for Outreach and 44 Table Examples of Outreach and Recruitment Sources for Section 503 and VEVRAA .. 44 Written AAP Component: Design and Implement an Audit and Reporting Written AAP Component: Designation of Written AAP Component: Training.

10 46 Written AAP Component: Data Collection Analysis ..46 Three-year Record Retention for Data ..46 Data Collected for Technical Assistance Guide | Construction Contractors | v UNITED STATES DEPARTMENT OF LABOR | OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS Additional Recordkeeping Requirements Frequently Asked Questions Recordkeeping Requirements EEO-1 47 VETS-4212 Federal Contractor Veterans Employment 47 Notice of Employee Rights under the National Labor Relations 47 Preparing for a Compliance Evaluation ..47 Appendices .. 52 appendix A: Glossary of appendix B: Glossary of 74 appendix C: The Small Business Administration s Ombudsman Program.