Benefits and Compensation

DOL’s New Disability-Based Affirmative Action Requirements

In addition to the major changes discussed in yesterday’s Advisor, there are several other important changes that are included in the final Section 503 rule, says Schoenfeld.


The definition of “disability” has been revised, pursuant to the ADA Amendments Act (ADAAA) of 2008.

EO Clause

Contractors will be required to state in solicitations and advertisements that they are equal employment opportunity employers of individuals with disabilities. The Final Rule permits contractors to incorporate the EO Clause into subcontracts by reference, but only by citing the EO Clause in the regulations and including OFCCP’s mandatory clause in bold text.

Electronic Posting

When the contractor has employees who do not work at the contractor’s physical location, the OFCCP will allow a contractor to satisfy its posting obligation by posting the EEO notice in electronic format, provided that the contractor either provides these employees with computers that can access the electronic posting or has actual knowledge that the electronically posted notice is accessible to its employees., now thoroughly revved with easier navigation and more complete compensation information, will tell you what’s being paid right in your state–or even metropolitan area–for hundreds of jobs. Try it at no cost and get a complimentary special report. Read more.

Compliance Evaluations

The Final Rule cements OFCCP’s position that it may obtain information pertinent to a compliance evaluation for periods after the date of the scheduling letter. The rule states that the OFCCP may extend the temporal scope of an evaluation and examine information after the date of the compliance evaluation scheduling letter, if the OFCCP deems it necessary to carry out its investigation of potential Section 503 violations.

Contractors must inform the OFCCP of the format(s) in which they maintain records and other information (e.g., Word, pdf, Excel), and provide the records and information to the OFCCP in the format(s) the OFCCP selects (from the contractor’s available formats).

The OFCCP may also request that the contractor provide documents either on-site or off-site during compliance checks and that the OFCCP may conduct focused reviews both on-site and off-site.

Outreach and Recruiting

The Final Rule does not mandate that contractors list employment opportunities with the American Job Centers, nor does it require that contractors enter into linkage agreements. Instead, the final rule requires that contractors undertake "appropriate outreach and positive recruitment activities," and the rule provides a number of suggested resources that contractors may use to carry out these general outreach and recruitment obligations.

Contractors must document all outreach and recruitment activities and retain those records for 3 years.

New AA regs—certainly a challenge, but for sure not the only challenge on your desk. “Maintain internal equity and external competitiveness and control turnover, but still meet management’s demands for lowered costs.” “No more cost increases for health care.” Heard those before?

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