Acceptable affirmative action programs shall contain, but not
necessarily be limited to, the following ingredients:
(a) Policy statement. The contractor shall include an equal
opportunity policy statement in its affirmative action program, and
shall post the policy statement on company bulletin boards. The
contractor must ensure that applicants and employees with disabilities
are informed of the contents of the policy statement (for example, the
contractor may have the statement read to a visually disabled
individual, or may lower the posted notice so that it may be read by a
person in a wheelchair). The policy statement should indicate the chief
executive officer's attitude on the subject matter, provide for an audit
and reporting system (see paragraph (h) of this section) and assign
overall responsibility for the implementation of affirmative action
activities required under this part (see paragraph (i) of this section).
Additionally, the policy should state, among
other things, that the contractor will: recruit, hire, train and promote
persons in all job titles, and ensure that all other personnel actions
are administered, without regard to disability; and ensure that all
employment decisions are based only on valid job requirements. The
policy shall state that employees and applicants shall not be subjected
to harassment, intimidation, threats, coercion or discrimination because
they have engaged in or may engage in any of the following activities:
(1) Filing a complaint;
(2) (2) Assisting or participating in an investigation, compliance
evaluation, hearing, or any other activity related to the
administration of Section 503 of the Rehabilitation Act of 1973, as
amended (Section 503) or any other Federal, State or local law
requiring equal opportunity for disabled persons;
(3) Opposing any act or practice made unlawful by section 503 or its
implementing regulations in this part or any other Federal, State or
local law requiring equal opportunity for disabled persons; or
(4) Exercising any other right protected by section 503 or its
implementing regulations in this part.
(b) Review of personnel processes. The contractor shall ensure that
its personnel processes provide for careful, thorough, and systematic
consideration of the job qualifications of applicants and employees with
known disabilities for job vacancies filled either by hiring or
promotion, and for all training opportunities offered or available. The
contractor shall ensure that its personnel processes do not stereotype
disabled persons in a manner which limits their access to all jobs for
which they are qualified. The contractor shall periodically review such
processes and make any necessary modifications to ensure that these
obligations are carried out. A description of the review and any
necessary modifications to personnel processes or development of new
processes shall be included in any affirmative action programs required
under this part. The contractor must design procedures that facilitate a
review of the implementation of this requirement by the contractor and
the Government. (Appendix C of this part is an example of an appropriate
set of procedures. The procedures in Appendix C of this part are not
required and contractors may develop other procedures appropriate to
their circumstances.)
(c) Physical and mental qualifications. (1) The contractor shall
provide in its affirmative action program, and shall adhere to, a
schedule for the periodic review of all physical and mental job
qualification standards to ensure that, to the extent qualification
standards tend to screen out qualified individuals with disabilities,
they are job-related for the position in question and are consistent
with business necessity.
(2) Whenever the contractor applies physical or mental qualification
standards in the selection of applicants or employees for employment or
other change in employment status such as promotion, demotion or
training, to the extent that qualification standards tend to screen out
qualified individuals with disabilities, the standards shall be related
to the specific job or jobs for which the individual is being considered
and consistent with business necessity. The contractor shall have the
burden to demonstrate that it has complied with the requirements of
paragraph (c)(2) of this section.
(3) The contractor may use as a defense to an allegation of a
violation of paragraph (c)(2) of this section that an individual poses a
direct threat to the health or safety of the individual or others in the
workplace. (See Sec. 60-741.2(y) defining direct threat.)
(d) Reasonable accommodation to physical and mental limitations. The
contractor shall make reasonable accommodation to the known physical or
mental limitations of an otherwise qualified individual with a
disability unless it can demonstrate that the accommodation would impose
an undue hardship on the operation of its business. If an employee with
a known disability is having significant difficulty performing his or
her job and it is reasonable to conclude that the performance problem
may be related to the known disability, the contractor shall
confidentially notify the employee of the performance problem and
inquire whether the problem is related to the employee's disability; if
the employee responds affirmatively, the contractor shall confidentially
inquire whether
the employee is in need of a reasonable accommodation.
(e) Harassment. The contractor must develop and implement procedures
to ensure that its employees with disabilities are not harassed because
of disability.
(f) External dissemination of policy, outreach and positive
recruitment. The contractor shall undertake appropriate outreach and
positive recruitment activities such as those listed in paragraphs
(f)(1) through (7) of this section that are reasonably designed to
effectively recruit qualified individuals with disabilities. It is not
contemplated that the contractor will necessarily undertake all the
activities listed in paragraphs (f)(1) through (7) of this section or
that its activities will be limited to those listed. The scope of the
contractor's efforts shall depend upon all the circumstances, including
the contractor's size and resources and the extent to which existing
employment practices are adequate.
(1) The contractor should enlist the assistance and support of
recruiting sources (including State employment security agencies, State
vocational rehabilitation agencies or facilities, sheltered workshops,
college placement officers, State education agencies, labor
organizations and organizations of or for individuals with disabilities)
for the contractor's commitment to provide meaningful employment
opportunities to qualified individuals with disabilities. Formal
briefing sessions should be held, preferably on company premises, with
representatives from recruiting sources. Plant tours, clear and concise
explanations of current and future job openings, position descriptions,
worker specifications, explanations of the company's selection process,
and recruiting literature should be an integral part of the briefing.
Formal arrangements should be made for referral of applicants, follow up
with sources, and feedback on disposition of applicants.
(2) The contractor's recruitment efforts at all schools should
incorporate special efforts to reach students with disabilities. The
contractor should engage in recruitment activities at educational
institutions which participate in training of individuals with
disabilities, such as schools for the blind, deaf, or learning disabled.
An effort should be made to participate in work-study programs with
rehabilitation facilities and schools which specialize in training or
educating individuals with disabilities.
(3) The contractor should establish meaningful contacts with
appropriate social service agencies, organizations of and for
individuals with disabilities, and vocational rehabilitation agencies or
facilities, for such purposes as advice, technical assistance and
referral of potential employees. Technical assistance from the resources
described in this paragraph may consist of advice on proper placement,
recruitment, training and accommodations contractors may undertake, but
no such resource providing technical assistance shall have authority to
approve or disapprove the acceptability of affirmative action programs.
(4) The contractor should include individuals with disabilities when
employees are pictured in consumer, promotional or help wanted
advertising. Individuals with disabilities should be made available for
participation in career days, youth motivation programs, and related
activities in their communities.
(5) The contractor should send written notification of company
policy to all subcontractors, vendors and suppliers, requesting
appropriate action on their part.
(6) The contractor should take positive steps to attract qualified
individuals with disabilities not currently in the work force who have
requisite skills and can be recruited through affirmative action
measures. These persons may be located through the local chapters of
organizations of and for individuals with disabilities.
(7) The contractor, in making hiring decisions, should consider
applicants with known disabilities for all available positions for which
they may be qualified when the position(s) applied for is unavailable.
(g) Internal dissemination of policy. (1) A strong outreach program
will be ineffective without adequate internal support from supervisory
and management personnel and other employees, who
may have had limited contact with individuals with disabilities in the
past. In order to assure greater employee cooperation and participation
in the contractor's efforts, the contractor shall develop internal
procedures such as those listed in paragraph (g)(2) of this section for
communication of its obligation to engage in affirmative action efforts
to employ and advance in employment qualified individuals with
disabilities. It is not contemplated that the contractor will
necessarily undertake all the activities listed in paragraph (g)(2) of
this section or that its activities will be limited to those listed.
These procedures shall be designed to foster understanding, acceptance
and support among the contractor's executive, management, supervisory
and other employees and to encourage such persons to take the necessary
actions to aid the contractor in meeting this obligation. The scope of
the contractor's efforts shall depend upon all the circumstances,
including the contractor's size and resources and the extent to which
existing practices are adequate.
(2) The contractor should implement and disseminate this policy
internally as follows:
(i) Include it in the contractor's policy manual.
(ii) Periodically inform all employees and prospective employees of
its commitment to engage in affirmative action to increase employment
opportunities for qualified individuals with disabilities. The
contractor should schedule special meetings with all employees to
discuss policy and explain individual employee responsibilities.
(iii) Publicize it in the company newspaper, magazine, annual report
and other media.
(iv) Conduct special meetings with executive, management, and
supervisory personnel to explain the intent of the policy and individual
responsibility for effective implementation, making clear the chief
executive officer's attitude.
(v) Discuss the policy thoroughly in both employee orientation and
management training programs.
(vi) Meet with union officials and/or employee representatives to
inform them of the contractor's policy, and request their cooperation.
(vii) Include articles on accomplishments of disabled workers in
company publications.
(viii) When employees are featured in employee handbooks or similar
publications for employees, include individuals with disabilities.
(h) Audit and reporting system. (1) The contractor shall design and
implement an audit and reporting system that will:
(i) Measure the effectiveness of the contractor's affirmative action
program.
(ii) Indicate any need for remedial action.
(iii) Determine the degree to which the contractor's objectives have
been attained.
(iv) Determine whether individuals with known disabilities have had
the opportunity to participate in all company sponsored educational,
training, recreational and social activities.
(v) Measure the contractor's compliance with the affirmative action
program's specific obligations.
(2) Where the affirmative action program is found to be deficient,
the contractor shall undertake necessary action to bring the program
into compliance.
(i) Responsibility for implementation. An official of the contractor
shall be assigned responsibility for implementation of the contractor's
affirmative action activities under this part. His or her identity
should appear on all internal and external communications regarding the
company's affirmative action program. This official shall be given
necessary top management support and staff to manage the implementation
of this program.
(j) Training. All personnel involved in the recruitment, screening,
selection, promotion, disciplinary, and related processes shall be
trained to ensure that the commitments in the contractor's affirmative
action program are implemented.