Slide 1:
ADA Audio Conference Series
June 17, 2014
This session is scheduled to begin at 2:00pm Eastern Time
Real-Time Captioning and the PowerPoint presentation are available through the Webinar Platform.   Audio Connection is available through the webinar platform/telephone/Mobile App depending on what you registered for.

Slide 2:
Listening to the Session
The audio for today’s webinar is being broadcast through your computer or via telephone for those that registered for that option.  
If using your computer, please make sure your speakers are turned on or your headphones are plugged in:
You can control the audio broadcast via the Audio & Video panel.  You can adjust the sound by “sliding” the sound bar left or right.
If you are having sound quality problems check your audio controls by going through the Audio Wizard which is accessed by selecting the microphone icon on the Audio & Video panel 

Slide 3:
Listening to the Webinar, continued
MOBILE Users (iPhone, iPad, or Android device (including Kindle Fire HD)) 
Individuals may listen** to the session using the Blackboard Collaborate Mobile App (Available Free from the Apple Store, Google Play or Amazon )

Slide 4:  
Captioning
Real-time captioning is provided during this session via the webinar platform.
The caption screen can be accessed by choosing the CC icon in the Audio & Video panel.
Once selected you will have the option to resize the captioning window, change the font size and save the transcript.

Slide 5:
Web Tour
Today’s session will be utilizing the “web tour” feature within Blackboard Collaborate Web Conferencing.
The presenter will navigate the website for you.  Participants are asked not to use your mouse to follow any links on the website and/or scroll up or down the page.  
Participants using Screen Readers will be able to read the content of the web page and should refrain from activating any links on the page.  The presenter will orient participants to the content on the page that will be the focus of the presentation.

Slide 6:
Submitting Questions
If you are listening by phone you will be instructed by the Operator on how to ask a question.
Via Webinar platform you may type and submit questions in the Chat Area Text Box or press Control-M and enter text in the Chat Area.  You will not be able to see the question after you submit it but it will be viewable by the presenters.
If you are connected via a mobile device you may submit questions in the chat area within the App                                                                                                       
Questions may also be emailed to webinars@ada-audio.org
Please note: This webinar is being recorded and can be accessed on the ADA Audio Conference Series website at www.ada-audio.org within 24 hours after the conclusion of the session.   The edited written transcript will be posted at this same site within 7 business days following the conclusion of the session.

Slide 7:
Customize Your View
Resize the Whiteboard where the Presentation slides are shown to make it smaller or larger by choosing from the drop down menu located above and to the left of the whiteboard.   The default is “fit page”

Slide 8:
Customize Your View continued
Resize/Reposition the Chat, Participant and Audio & Video panels by “detaching” and using your mouse to reposition or “stretch/shrink”.  Each panel may be detached using the icon in the upper right corner of each panel.

Slide 9:
Setting Preferences
Depending on your system settings you may receive visual and audible notifications when individuals enter/leave the webinar room or when other actions are taken by participants.  This can be distracting.
To turn off notifications (audible/visual)
Select “Edit” from the tool bar at the top of your screen
From the drop down menu select “Preferences”
Scroll down to “General”
select “Audible Notifications”   Uncheck anything you don’t want to receive and “apply”
Select “Visual Notifications” Uncheck anything you don’t want to receive and “apply”
For Screen Reader User – Set preferences through the setting options within the Activity Window (Ctrl+slash opens the activity window)

Slide 10:
Technical Assistance
If you experience any technical difficulties during today’s session:
In webinar platform:  Send a private chat message to the host by double clicking “Great Lakes ADA” in the participant list. A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your comment in the text box and “enter” (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message ); or By Email webinars@ada-audio.org ; or Call 877-232-1990 (V/TTY) 

Slide 11:
Section 503: OFCCP’s Revised Regulations
Naomi Levin, Branch Chief for Policy
Office of Federal Contract Compliance Programs
Department of Labor

Slide 12:
OFCCP’s Revised   Regulations
What is OFCCP?  
Federal civil rights agency in the Department of Labor with jurisdiction over federal contractors and subcontractors
Enforces three laws prohibiting employment discrimination and requiring AA: 
Executive Order 11246
Section 503 of the Rehabilitation Act
Vietnam Era Veteran’s Readjustment Assistance Act of 1974 (VEVRAA)

Slide 13:
What does OFCCP do?
Conducts compliance evaluations
Conducts complaint investigations
Provides technical assistance
Engages in outreach and public education

Slide 14:
The New Regulations
Strengthen the regulations to aid contractors in the recruitment and hiring of individuals with disabilities and facilitate compliance with the law
Increase contractor accountability for complying with affirmative action obligations
Update non-discrimination regulations in accordance with the ADAAA 

Slide 15:
Need for Data in 503 Rules
Data needed to foster contractor accountability
Executive Order 11246 as a model

Slide 16:
Key Changes
Establishes 7% utilization goal
Requires annual documentation of several quantitative comparisons for the number of IWDs who apply for jobs and the number of IWDs hired 
Requires contractors to conduct written assessment of the effectiveness of outreach and recruitment efforts
Requires contractors to self-audit employment practices, document its actions, and make changes if AAP found deficient

Slide 17:
Expanded Self-ID Provisions  
Requires contractors to invite applicants/employees to voluntarily self-identify as an individual with a disability

Slide 18:
Self-ID Invitation Requirements
Pre-offer: invitation to voluntarily self-identify as an individual with a disability
Post-offer: invitation to voluntarily self-identify as an individual with a disability
Employees: invitation to all employees in first year; and every five years thereafter; at least one reminder in intervening years
All invitations must be made using form posted on OFCCP’s Web site

Slide 19:
Contact Information
Office of Federal Contract Compliance Programs (OFCCP)
Call us - (800) 397-6251 - TTY: (877) 889-5627
Email us: ofccp-public@dol.gov; or Visit our website - www.dol.gov/ofccp

Slide 20:
Employer Compliance with the ADA and the New OFCCP Section 503 Regulations
Joyce Walker-Jones
Senior Attorney Advisor
Office of Legal Counsel
Joyce.Walker-Jones@eeoc.gov
202-663-7031
June 2014

Slide 21:
Distinguishing Between Section 503 of the Rehabilitation Act and Title I of the ADA
Title I of the ADA is enforced by the U.S. Equal Employment Opportunity Commission and applies to private employers with 15 or more employees, as well as to state and local government employers.
Employers covered by both the ADA and Section 503 must comply with both laws.
In some instances, Section 503 requires contractors to take actions not required of other employers.  Taking actions required under Section 503 does not violate the ADA.

Slide 22:
Disability-Related Inquiries and Medical Examinations
1.  General rule - pre-offer: No disability-related inquiries or medical exams at the application stage
Narrow Exceptions: May ask all applicants whether they will need reasonable accommodation for application process

May ask particular applicant if he needs a reasonable accommodation and, if so, what type, where applicant has known disability that employer reasonably believes will require accommodation

May invite voluntary self-identification for affirmative action purposes in accordance with rules set forth in EEOC’s Enforcement Guidance:  Pre-employment Disability-Related Questions and Medical Examinations (1995)

Slide 23:
Disability-Related Inquiries for 
Affirmative Action Purposes
An employer may invite applicants or employees to self-identify as individuals with disabilities for affirmative action purposes, whether because of a federal, state, or local law that requires affirmative action, or because the employer is using the information to benefit individuals with disabilities, provided the employer states clearly that – answering is voluntary, any information provided will be kept confidential and used solely in connection with affirmative action obligations or efforts, and refusal to answer will not subject the applicant to any adverse treatment.

Slide 24:
Disability-Related Inquiries and Medical Examinations (cont’d)
2. General rule - post-offer/pre-employment: Permitted as as long as required of all entering employees in same job category
Employers may only withdraw the conditional job offer if the information obtained reveals that the individual is not qualified or would pose a direct threat to health or safety.  

Slide 25:
Disability-Related Inquiries and 
Medical Examinations (cont’d)
3.  General rule - during employment:  During employment, all disability-related inquiries and medical exams must be “job related and consistent with business necessity”
Generally, this is where employer has a reasonable belief, based on objective evidence that –
Employee will be unable to do essential functions due to medical condition; or
Employee will pose direct threat due to medical condition

Slide 26:
Disability-Related Inquiries and 
Medical Examinations (cont’d)
In addition, employers can obtain medical information from current employees, for example:

when the employee has requested a reasonable accommodation and his or her disability or need for accommodation is not obvious;
when required to do so by another federal law or regulation (e.g., DOT medical certification requirements for interstate truck drivers); 
as part of voluntary wellness programs;
when  undertaking affirmative action because of a federal, state, or local law that requires affirmative action for individuals with disabilities, or when voluntarily using the information they obtain to benefit individuals with disabilities. 

Slide 27:
Additional Protections for All Applicants and Employees
All medical information must be kept confidential

Includes medical information from whatever source
The fact that someone has requested or is receiving an accommodation is considered confidential medical information
Cannot be placed in regular personnel file
Cannot be disclosed verbally or in writing except per narrow specified exceptions:

to supervisors and managers to the extent needed to grant necessary work restrictions or reasonable accommodations
to the extent needed by individuals making the employer’s decision about reasonable accommodations 
to personnel providing emergency treatment; to officials investigating compliance with Rehabilitation Act; or for workers’ compensation and insurance purposes

Slide 28:
Common ADA Compliance Questions About the New OFCCP Section 503 Regulations

Slide 29:
Use of Form
1.   Will a contractor be in violation of the ADA if it uses the new OFCCP “Voluntary Self-Identification of Disability” form in the way required by the Section 503 regulations?
Does providing the form to applicants as required by OFCCP violate the general ADA rule prohibiting “pre-offer” disability-related inquiries?
Does maintaining the submitted forms in a “data analysis file” as required by OFCCP violate the ADA rule on non-disclosure of confidential medical information?

Slide 30:
Use of Form
No. Contractors do not violate the ADA by following required steps under the OFCCP Section 503 regulations to invite voluntary self-identification using the prescribed OFCCP form pre-offer, post-offer, and during employment.
Contractors also do not violate the ADA by confidentially handling the forms and the information collected as the Section 503 regulations instruct, because the confidentiality requirements are consistent.  

Slide 31:
Recent Ruling
Associated Builders & Contractors, Inc. v. Shiu, __ F. Supp. 2d __, 2014 WL 1100779 (D.D.C. March 21, 2014) (holding that the data collection requirement under the new Section 503 regulations does not violate the ADA).

Slide 32:
Otherwise comply with pre-offer rules?
2.  Are contractors still required to otherwise comply with the ADA prohibitions on pre-offer disability-related inquiries and medical exams?

Slide 33:
Otherwise comply with pre-offer rules?
Yes.   A contractor is required to adhere to the steps mandated in the OFCCP regulations, but otherwise must comply with all ADA requirements.  For example, a contractor would be liable for violating the ADA if it:

Makes pre-offer disability-related inquiries on an application form or in a job interview (e.g., asking if the applicant has a disability, what the applicant’s medical history is, or what medications are taken)
Uses a pre-offer medical examination
Discloses confidential medical information (e.g., putting the OFCCP form in regular personnel file, or otherwise disclosing the information on the form or any other medical information about applicants or employees)

Slide 34:
Non-hire
3. Will a contractor violate the ADA if, for a non-discriminatory and non-retaliatory reason, it does not hire an applicant with a disability?

Slide 35:
Voluntary Affirmative Action Programs
4.  Are employers permitted to continue to develop and implement voluntary affirmative action programs that go above and beyond what OFCCP requires?

Slide 36:
Voluntary Affirmative Action Programs

Yes.  Nothing in the new OFCCP rules for contractor data collection is intended to negate affirmative hiring programs.
For questions about a particular program, contractors can refer to section 60-741.46 of the Section 503 regulations for guidance, and consult OFCCP.

Slide 37:
Contact Information
Joyce Walker-Jones
Senior Attorney Advisor
Office of Legal Counsel
Joyce.Walker-Jones@eeoc.gov
202-663-7031

Slide 38:
Thank you for participating in today’s ADA-Audio Conference Session
The next scheduled session is:
“ADA Anniversary Update:  24 Years Later”
July 15, 2014
www.ada-audio.org 877-232-1990 (V/TTY)