Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the number of its employees that are individuals with disabilities beginning in January 2018.

This is similar to the affirmative action obligations in the revised Section 503 regulations that went into effect for federal contractors in March 2014.

As a reminder, under the disability regulations contractors are required to aspire to meet an annual 7% utilization goal (per job group) for individuals with disabilities. There is a separate veteran hiring benchmark obligation (currently set at 6.9%). While meeting the goals and benchmark are “aspirational” contractors are required to develop action oriented programs aimed at addressing underutilization and missed benchmarks.  In connection with this, contractors are required, on an annual basis, to “assess the effectiveness” of each of their outreach efforts.

In addition to the relevantly recent veteran and individuals with disabilities affirmative action requirements, contractors also have good faith outreach effort obligations for minorities and females in areas of underutilization. Where underutilized, employers must likewise create an action oriented program designed to address the underutilizations – which primarily includes developing meaningful relationships with local recruitment organizations.

While many things may change under a Trump administration, it is likely OFCCP’s emphasis on, and enforcement of, good faith outreach efforts will not. As a result, contractors need to make sure they are taking appropriate actions to build compliant and effective outreach programs.

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.