Alissa A. Horvitz Co-Chair, OFCCP Practice Group Littler Mendelson, P.C.

1. Top Ten Forward-Looking Questions to Prepare for OFCCP’s Proposed Veterans and Individuals with Disabilities Regulations Alissa A. Horvitz Co-Chair, OFCCP Practice Group Littler Mendelson, P.C.

2. Proposed Regulations • Veterans Proposed Regulations • Published April 26, 2011 • Comment period ended July 11, 2011 • Individuals with Disabilities Proposed Regulations (Section 503) • Published December 9, 2011 • Comment period ended February 21, 2011 • Regulatory approval process

3. Highlights of the Veterans Proposed Regs • Establishment of targeted outreach to veteran groups • Pre-offer solicitation of veteran status and source of referral • Data tracking and metrics to identify whether outreach is successful • Process to disposition or explain the non-selection of qualified veterans • Obligation to consider veteran for opportunities to which the veteran did not apply • 41 CFR Section 60-300.44(f) and (g): not permissive; mandatory • Five year record retention

4. Highlights of the Proposed 503 Regs • Utilization goal of 7% for each job group • Pre-offer solicitation of disability status • Prescribed reasonable accommodation process • Obligation to consider qualified individual with disability for opportunities for which candidate has not applied • Obligation to have disposition process for non-hired qualified candidates • Mandatory linkage sources • Mandatory not permissive outreach and dissemination (41 CFR Sections 60-741.44 (f) and (g)) • Five-year record retention

5. Compliance Tips 1 and 2 • Identify organizations that are more likely to have qualified veteran and disabled candidates for the type of work you perform, introduce yourself and your organization, take steps to set up the relationships, fill out the forms, set up log ins and passwords, etc. • Employer Resource Referral Directory • http://dev.askearn.com/refdesk/Recruitment/Service_Agencies • Confirm that Internet-based application profiles and processes and any hard copy application forms invite the applicant to identify how the candidate heard about the opportunity.

6. Compliance Tips 3 and 4 • Ensure your organization has the ability to track the applicant’s response to the source question. • Ensure your organization is soliciting the correct four veteran categories and will be able to solicit veteran status more broadly (hold off on disability until final reg published) • Other protected veteran • Disabled veteran • Armed Forces Service Medal veteran • Recently separated veteran (date of discharge) • Served in U.S. Military but not eligible to select any of the above options

7. Compliance Tip 5 • Ensure that you are listing all non-senior management, non-temporary, non-internal (external) jobs with the employment service delivery system office where the job is located and that you or an agent is maintaining records of that listing. Do NOT assume that just because you are sending out the emails that the emails are reaching the job service. CONFIRM.

8. Compliance Tips 6 and 7 • Ensure that you have a process to disposition non-hired qualified veteran and disabled applicants • Ensure that, at a minimum, every time a vacant position opens up, there is a process for evaluating the physical and mental requirements of the job, and someone owns that process

9. Compliance Tip 8 • Determine how your organization is going to solicit the disability status of applicants, shield that information from decision makers, use that information (as necessary) to ensure that rejected disabled candidates have an explanation that accompanies their rejection record, and maintain privacy as to any confidential medical information you receive in the process

10. Compliance Tip 9 • Review the requirements of an AAP program set forth in 41 CFR Sections 60-300.44 and 741.44 and identify those that you are doing now and those that you are not doing now. Should all of these become mandatory and not permissive, make a checklist. Who owns the task now? What policies or processes will need to be modified? What is a realistic compliance timeline? What resources will you need to ensure compliance ($$ and personnel)?

11. Compliance Tip 10 • Compare your current reasonable accommodation request process and documentation requirements against OFCCP’s proposed process, identify the differences in the two processes, and be prepared to identify what would have to change on your end if OFCCP’s version is adopted, as proposed. If your current accommodation process is de-centralized, consider whether centralizing that process would alleviate some tracking and record keeping obligations

12. Update on Pending Initiatives: OFCCP Regulatory Agenda Reflects the following planned schedule for OFCCP's regulatory activity: • April 2013 - Final affirmative action regulations for BOTH covered veterans and individuals with disabilities. • June 2013 - Notice of Proposed Rulemaking - Compensation Data Collection Tool • August 2013 - Notice of Proposed Rulemaking - Sex Discrimination Guidelines • October 2013 - Notice of Proposed Rulemaking - Construction Contractors' Affirmative Action Requirements

13. Questions?

14. Thank you. Alissa A. Horvitz ahorvitz@littler.com 202.414.6850