The U.S. Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") has posted a new interactive tool that federal contractors may find useful. The DOL has indicated that the Checklist for Compliance with Section 503 of the Rehabilitation Act of 1973 was developed by the DOL's Office of Disability Employment Policy, in coordination with OFCCP. The Checklist is designed to help federal contractors assess their compliance with the affirmative action program (AAP) requirements of Section 503 by considering a series of “yes/no” questions about their company’s practices and policies.
Contractors are not required to use the Checklist, and using the Checklist does not ensure compliance with the Section 503 regulations. However, using the Checklist may help a contractor enhance its awareness of its AAP obligations and alert it to potential compliance problems that may need correction.
The Checklist for Compliance with Section 503 of the Rehabilitation Act of 1973 can be found at http://www.dol.gov/ofccp/regs/compliance/ChecklistforCompliancewithSection503_JRF_QA_508c.pdf on OFCCP’s Contractor Assessment Tools and Trackers Web page.
Federal contractors interested in using the Checklist should understand that audit tools like the Checklist may be discoverable in litigation and agency investigations, and they should consider consulting an attorney regarding privacy protections that may be applied to facilitate and protect appropriate self-audits.
Timothy M. McConville leads the labor and employment group at the law firm of Odin, Feldman & Pittleman, P.C. in Reston, Virginia. Mr. McConville may be reached at 703-218-2119 or firstname.lastname@example.org. Follow him at laborandemploymentlawcocktail.com and on Twitter @worklawguy.