kai·ros 1. a propitious moment for decision or action.
Dear Kairos Clients:
Last week OFCCP held a webinar on the new Individuals with Disabilities and Protected Veteran regulations that take effect on March 24, 2014. The webinar provided some important updated information that significantly impacts when federal contractors should start their data collection process for applicants. Kairos wants to provide some general guidance to its clients based on this recent information provided by OFCCP. Please keep in mind that the information below is not legal advice, so please contact us if you would like to discuss your specific situation.
The new regulations take effect on March 24, 2014, however, the data collection requirements (asking applicants to self-identify as protected veterans and as individuals with a disability) take effect “at the next AAP update after the March 24, 2014 effective date” per OFCCP. As a result, you should be aware that:
Compliance with the new regulations is a “phased in” approach as it pertains to data collection;
Your AAP anniversary (also referred to as the next AAP cycle) AFTER March 24, 2014, is when the data collection for applicants requirement begins;
On your AAP anniversary AFTER March 24, 2014, you will START collecting the data from qualified applicants;
The analysis on the data collection will commence when a complete year of data collection has occurred.
Kairos strongly suggests that you NOT start data collection from applicants until you are required to do so. There are several reasons why.
If you start collecting disability information from applicants prior to March 24, 2014, you may be in violation of laws enforced by the EEOC.
Should you be subject to an audit, we do not want additional data that is not required to be maintained to be available for OFCCP during their audit as they develop their investigative techniques to analyze the data required by the new regulations.
The chart below provides examples of how the phased in process works for Applicant Data Collection.
Next AAP Anniversary
Start APPLICANT Data Collection
Initial Data Collection Report in AAP
However, it is not too early to start preparing for the methods that you may use to collect this data. It is important to strike a balance between being ready to collect meaningful data and actually collecting that data. Kairos has developed a compliance checklist for the new regulations that will be available to our clients the week of January 6th. If you would like this checklist please send an email to firstname.lastname@example.org “Request New Regs Checklist” in the subject line. Kairos will of course carefully continue to monitor OFCCP’s enforcement of the new regulations and keep our clients informed of any updates or changes as new information becomes available.
Lisa Kaiser Director of Compliance Services/General Counsel
Merry Christmas from all of us at Kairos Services. We would like to thank you for being our valued client through 2013 and we make two commitments to you. First, we pledge to continue to work with you to achieve 100% compliance and secondly, we promise not to take your business for granted. We know you have choices and we are honored you have chosen us.
As many of you know, Kairos is a Greek word from the Bible that we translate as “God’s perfect timing”. So those times when things happen in your life that are meant to be, when everything comes together perfectly, when the moon and sun are perfectly aligned, well, we call those “kairos moments”. So our wish for you for 2014 is many kairos moments along with good health and many blessings.
We look forward to serving you in 2014 and, as always, our phone lines and doors are open to serve you if any need or questions should arise.