Best Practices for
Implementing Section 503
Robert “Bobby” Silverstein, JD
Powers Pyles Sutter & Verville, PC
Alicia M. Wallace, MBA
Wellpoint Director of EEO Compliance,
Corporate HR Center of Excellence Team
JAN is a service of the U.S. Department of Labor’s
Office of Disability Employment Policy.
Preparing for Section 503
Changes to Section 503:
From OFCCP:
Section 503 prohibits employment
discrimination on the basis of disability by
Federal government contractors and
subcontractors. Section 503 also requires that
covered contractors take affirmative action to
employ and advance in employment qualified
individuals with disabilities.
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Preparing for Section 503
Changes to Section 503:
Goal of revised Section 503:
 Update and strengthen contractors’ affirmative
action and nondiscrimination responsibilities
 Reduce the disparity in the employment rate of
individuals with disabilities
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Preparing for Section 503
Changes to Section 503:
Purpose of Affirmative Action Program and Plans:
 Management Tool
 Institutionalizes commitment
 More than just a paper exercise
 Dynamic in nature
 Includes measureable objectives towards
progress
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Preparing for Section 503
Changes to Section 503:
OFCCP: Highlights of the Final Rule:
 Utilization goal 7% utilization goal for qualified
IWDs.
 Data collection
 Invitation to Self-Identify
 Incorporation of EO Clause
 Records Access
 ADAAA
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Preparing for Section 503
From OFCCP:
Contractors with existing Affirmative Action Plans on the
effective date may wait to come into compliance with
Subpart C as part of their standard AAP review and
updating cycle. OFCCP recommends that all contractors
begin complying with Subpart C of the new regulations
prior to the issuance of their first AAP under the new rules.
Must comply with other revised requirements by the
effective date.
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Preparing for Section 503
From OFCCP:
Self-identification  Pre-offer invitation to self-identify
 Post offer invitation to self-identify
 Employees invitation to all employees 1st year
and then every 5 years.
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Preparing for Section 503
From OFCCP:
Contractors must invite their employees to selfidentify every five years, beginning the first year that
they become subject to the Section 503 voluntary
self-identification requirements. In addition, at least
once during the years between these invitations,
contractors must remind their employees that they
may voluntarily update their disability status at any
time.
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Preparing for Section 503
Utilization Goal:
From OFCCP:
The new regulations include an aspirational utilization goal
of 7 percent. OFCCP created this goal to give contractors
a yardstick against which they can measure the success of
their efforts…More specifically, contractors should use the
goal to measure the change in the representation of
individuals with disabilities in their workforce….The goal is
not a quota.
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Preparing for Section 503
From OFCCP:
 The recordkeeping requirements are modified to
incorporate the new three-year record retention
timeframe required under § 60-741.44(f)(4) and (k).
 Contractors must document all actions taken to
comply with audit and reporting requirements and
retain such documentation as employment records.
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Preparing for Section 503
From OFCCP:
Reasonable Accommodations
 Obligations to provide reasonable accommodation
is matter of nondiscrimination.
 If an individual with a disability is having
performance problems that may be related to the
disability, contractor is required to ask if an
accommodation is needed.
 Written reasonable accommodation procedures
are not required, but are best practice.
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Preparing for Section 503
From OFCCP:
“To do’s” before contractor’s next AAP cycle
 Invite candidates to self identify
 Conduct a self-id survey of employees
 Implement documentation procedures for:
 Outreach and recruitment efforts
 Self audit and reporting systems
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Preparing for Section 503
From OFCCP:
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Conduct documented assessment of outreach
and recruitment efforts
Train employees engaged in key personnel
activities
Conduct data analysis related to applicants and
new hires
Draft EO Policy statement showing top executive
support for AAP
Ensure applicants and employees have equal
access to contractor’s personnel processes
Conduct annual workforce assessment, apply
utilization goal, identify problems, and develop
action oriented programs
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Preparing for Section 503
Technical Assistance:
OFCCP Toll-Free at 1-800-397-6251 (TTY: 1-877-8895627) or contact us by email at OFCCPPublic@dol.gov. Or field office at
http://www.dol.gov/ofccp/contacts/ofnation2.htm
Crosswalk of previous rule and the new final rules:
http://www.dol.gov/ofccp/regs/compliance/factsheets/Se
ction503_Crosswalk_QA_508c.pdf
Training:
http://www.dol.gov/ofccp/regs/compliance/final_rules_we
binars.htm
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Preparing for Section 503
JAN 503-Related Resources:

SNAP! Tool - Applicant Tracking Software
Accessibility Tool
http://askjan.org/media/webpages.html

Free Webcast Training Series:
http://askjan.org/webcast/index.htm

Just-in-Time Training:
http://askjan.org/training/library.htm
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Questions?
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