Affirmative Action for Individuals with Disabilities and Veterans
Affirmative Action for
Individuals
with Disabilities
and Veterans
As a government contractor, our company is required by certain federal laws to do more than just refrain from illegal discrimination. We have agreed as part of our contract with the government to take affirmative steps to seek out individuals with disabilities and veterans who are protected by these laws and ensure that they receive an equal opportunity to compete for jobs for which they are qualified.
This page explains how we meet our commitment.
What are these federal laws?
The Rehabilitation Act of 1973 is a federal law that, among other things, prohibits employment discrimination against individuals with disabilities who are capable of performing a job. The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) is a federal law that, among other things, prohibits employment discrimination against veterans of the Vietnam era and certain disabled veterans, referred to in VEVRAA as "special disabled veterans."
How are these laws different from other federal laws, like the Americans with Disabilities Act (ADA), that prohibit discrimination against individuals with disabilities?
Our company has a strong policy against discrimination. The laws that prohibit race and sex discrimination, for example, require us to ignore those factors in making employment decisions. For individuals with disabilities, there will be times when, rather than simply ignoring a disability, the ADA requires us to provide a reasonable accommodation that makes it possible for the individual to perform the job for which he or she is qualified.
The Rehabilitation Act and VEVRAA do more than just prohibit discrimination or require a reasonable accommodation. Specifically, Section 503 of the Rehabilitation Act and Section 4212 of VEVRAA also require companies who do business with the federal government, such as our company, to take affirmative action to employ and promote individuals with disabilities, veterans of the Vietnam era, and special disabled veterans.
How does our company comply with these affirmative action requirements?
We have an "Affirmative Action Plan" that applies to individuals with disabilities and covered veterans that commits us to practicing affirmative action in all of our employment-related practices and procedures. All company personnel who are involved in making employment-related decisions are responsible for being aware of and implementing the company's affirmative action obligations.
Do Section 503 and VEVRAA require preferential treatment?
Our affirmative action obligation does not mean that individuals covered under these laws are given a preference in employment, or that our company must meet hiring or promotion quotas. Nor does it mean that the company must hire persons who are not qualified to perform a job. It does require, however, that we take steps to seek out individuals with disabilities and covered veterans to ensure that they have an equal opportunity to compete for jobs for which they are qualified.
What are some examples of affirmative action under Section 503 and VEVRAA?
There are many public agencies, educational institutions, and private organizations that provide educational, job training, and job placement services to individuals with disabilities and veterans. Affirmative action might mean providing financial or other resources to these groups to help them better carry out their mission. It also might mean establishing working relationships with these groups and using them as recruiting sources or conducting special recruiting programs with them.
Affirmative action under these laws also may include such steps as publicizing the company's affirmative action policy through help wanted advertising, or in consumer and promotional advertising, and making special efforts to reach out to protected individuals when conducting recruiting at educational institutions.
How do we meet our affirmative action obligation in screening and hiring applicants?
As part of our affirmative action commitment, we periodically review our personnel processes to make sure that there are no barriers for any individual to receive full consideration for any job for which he or she is qualified. We also review the physical and mental qualifications for each job, to make sure they are justified by the actual job requirements.
During our application and screening process, we are careful to ask only job-related questions. We do not ask inappropriate questions about whether an applicant has a disability, or the nature or extent of a disability. We also let applicants know that we will provide a reasonable accommodation if needed to ensure equal access to the company's hiring process.
After we make a job offer, we invite every successful candidate, on a strictly voluntary basis, to identify himself or herself as being covered by Section 503 and/or VEVRAA and to participate in our affirmative action program should they so choose.
How does affirmative action work after a protected individual is hired?
Our affirmative action policy applies to all of the company's personnel policies and practices. Thus, we take affirmative steps to ensure that protected individuals get full and fair consideration for any promotion for which they are qualified. This means making sure performance evaluations are done fairly, that employees have an equal opportunity to be considered for promotion, and that candidates for promotion are considered based on their abilities. We do our best to ensure, for example, that employees with disabilities are not stereotypically classified at a particular employment level, but are considered for promotion based on their qualifications, in the same manner as nondisabled employees are considered.
Similarly, our policy is to ensure that employees with disabilities and covered veterans are paid on the same basis as other employees for doing the same job, and that they receive equivalent training opportunities and other benefits.
Can poor performance by a protected individual be dealt with the same as it would be for other employees?
Employees with and without disabilities are treated equally with respect to decisions based on employee performance, with one exception. When an employee with a known disability is having significant difficulty performing the job because of the disability, this may mean that we have to consider a reasonable accommodation that will permit the employee to perform the job. Therefore, before any adverse action is taken for poor performance, the company will inquire about the need for a reasonable accommodation.
How do we make sure that protected employees fit into our work environment?
Just as we publicize our policy of nondiscrimination and affirmative action to the outside, our company circulates the policy internally to make sure that all employees know of the company's commitment to increase employment opportunities for protected individuals. We post the policy in an accessible format on company bulletin boards. We discuss the policy in new employee orientation, and repeat it at other employee meetings. We also monitor the workplace to ensure that protected employees are not subjected to harassment, intimidation, or discrimination.
How do we help ensure that we are meeting our affirmative action requirements?
We continually educate personnel involved in recruitment, screening, selection, promotion, discipline, and other human resources processes about the commitments we have as a federal contractor under our affirmative action program.
What can I do to help the company meet its affirmative action obligation?
Constantly practice nondiscrimination and affirmative action wherever and whenever you come in contact with applicants and employees.
© Equal Employment Advisory Council