Articles - Compliance and Legal

Do you know about the new directive on accessibility?

Based on recent research that I have conducted regarding the new directive, it seems that ATS companies and many HR professionals believe that the new directive is all about the reporting issue NOT an Accessibility issue. I am here to tell you that it has nothing to do with reporting.

The directive that I am referring came out on July 10, 2008, and it reads:

1. SUBJECT: Federal Contractor's Online Application Selection Systems.


2. PURPOSE: To provide guidance in evaluating federal contractors' obligations under Section 503 of the Rehabilitation Act of 1973, as amended (Section 503), the Vietnam Era Veterans' Readjustment Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA), and Title I of Americans with Disabilities Act of 1990, as amended (ADA), with respect to online application systems.


3. BACKGROUND:In response to changing technologies, many contractors have moved towards using an online application system as their primary, if not exclusive, method for accepting applications for employment. While some of these systems may be accessible to individuals with disabilities, others may be completely inaccessible or only partially accessible due to technological limitations. Irrespective of the level of accessibility of the online application system, federal contractors and subcontractors must ensure that qualified individuals with disabilities and disabled veterans have an equal opportunity for employment. Section 503 and its implementing regulations at 41 CFR Part 60-741, and VEVRAA and its implementing regulations at Parts 60-250 and 60-300, require that contractors provide equal opportunity to qualified individuals with disabilities and disabled veterans. In addition, under 60-741.5, 60-250.5, and 60-300.5, the contractor agrees to take affirmative action to employ and advance these individuals, including, but not limited to, "recruitment, advertising, and job application procedures." These job application procedures include online application systems.


4. POLICY: Effective immediately, all compliance evaluations shall include a review of the contractor's online application systems to ensure that the contractor is providing equal opportunity to qualified individuals with disabilities and disabled veterans. The review should include whether the contractor is providing reasonable accommodation, when requested, unless such accommodation would cause an undue hardship. In this directive, the term "online system" shall include, but not be limited to, all electronic or web-based systems that the contractor uses in all of its personnel activities.

I would like to focus your attention on the areas above that are italicized and highlighted in blue. Note that the directive is stating ACCOMMODATIONS or ACCESSIBILITY - which means that people with disabilities or limitations should be able to access your site at all times and apply online like all other candidates without disabilities or limitations. The main focus is the employment of people with disabilities and disabled veterans. It does not ask if you or your company report the numbers of people with disabilities that visit your site. Note that even if people with disabilities tried to visit your site, you would have NO WAY of TRACKING their visit, since they could NOT access it if your site is NOT accessible!

You might be asking: "Is there a band-aid approach until we can figure out what to do?"My answer is YES! Following are a few things that you can do in the short-term:

1. The first: is to include a clause on your home page about accessibility and accommodation that instruct people what to do. Make sure this tab is coded to the accessibility standard guidelines. If this tab is not coded with accessibility in mind, you have NOT corrected the accessibility issue and you still don’t have any solution, “Band- Aid” or not.

2. Second: get an assessment of your site to see if you meet the accessibility standards.

So, those of you who are out there looking at your Applicant Tracking System and asking them what to do. You most likely will find that the ATS companies do not know what to do as it relates to accessibility and will continue to refer to reporting.

Furthermore, I have found, based on my research, that most of the consultants (if not all) that you are working with to support you in areas, such as AAP (Affirmative Action Planning / Reporting), Compliance, Recruiting, DO NOT seem to have the expertise and knowledge on how to assist you with finding solutions around disability issues. I would highly recommend that you get an expert to assist you on disability, as it relates to recruiting, hiring and retaining people with disabilities.

Again, many of the ATS companies will refer to this new directive as a reporting issue and I cannot stress enough that it is NOT a reporting issue but an accessibility issue. It is about people with disabilities having the same opportunity, as all other applicants, to apply to jobs both online and manually.

I hope this blog has made you more aware of the right questions to ask and what and where to go for assistance.

As always, I am happy to provide additional information or help in answering your questions related to this topic.

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Sheridan Walker, President and Founder

Sheridan Walker, President, HirePotential, is the founder and director of this leading national consulting and staffing firm which delivers end-to-end services to corporations, assisting them  with OFCCP compliance, employment, accommodations, recruitment and retention of the untapped workforce. An expert in the disability field with 25 years of broad-based experience, she brings her considerable expertise to HirePotential.

Ms Walker has served on the National Disability Mentoring Day Committee for Colorado and the US Business Leadership Network on the Employment of People with Disabilities.  She has also served on the formally known President’s Task Force on the Employment of People with Disabilities. Colorado Business Leadership Network for the employment of people with disabilities and served on the Denver Mayor’s Commission of People with Disabilities.  She has lectured across the country regarding several issues around disability issues such as compliance, employment, retention, productivity, risk management and worker’s compensation.  She is certified with the American Board of Disability Analysis.

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