Section 503 of the Rehabilitation Act of 1973 is a law that prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities and requires these employers to take affirmative action to recruit, hire, promote, and retain these individuals. The Office of Federal Contract Compliance Programs (OFCCP) enforces Section 503.
Key Aspects of Section 503
- Affirmative Action Requirements: Federal contractors and subcontractors with contracts exceeding certain dollar thresholds must develop and implement written affirmative action plans (AAPs) for individuals with disabilities. These plans outline specific steps and goals to ensure equal employment opportunities for qualified individuals with disabilities in all aspects of employment. According to OFCCP, contractors must annually certify, via an online portal, that they have developed and maintained all required AAPs. OFCCP does not require uploading of the content of AAPs during the certification process. However, contractors must submit AAPs and related data to the OFCCP upon request during compliance evaluation.
- Recruitment & Outreach Efforts: Section 503 mandates that contractors engage in outreach and recruitment efforts to effectively attract individuals with disabilities. This includes partnering with disability organizations, attending job fairs targeting individuals with disabilities, and using other targeted recruitment methods to reach qualified candidates. DirectEmployers’ Partner Relationship Manager (PRM) helps to manage, track, assess, and report these outreach efforts seamlessly online.
- Request for Voluntary Self-Identification of Disability: Federal contractors and subcontractors are required to invite applicants and employees to self-identify as disabled. They must maintain records of this information, which is used to gauge the effectiveness of affirmative action efforts and ensure compliance with Section 503 of the Rehabilitation Act.
- Data Collection, Analysis, & Record Retention: Contractors are required to collect and maintain data on the number of individuals with disabilities who apply for jobs and are hired or promoted. This data helps contractors assess the effectiveness of their affirmative action efforts and identify areas for improvement. Specifically, contractors must document and update annually the following information:
- For applicants: the total number of applicants for employment, and the number of applicants who are known individuals with disabilities;
- For hires: the total number of job openings, the number of jobs filled, and the number of individuals with disabilities hired;
- The total number of job openings; and
- The number of jobs that are filled.
This data must be retained for three years.
- Reasonable Accommodation: Contractors must provide reasonable accommodations to qualified employees with disabilities to enable them to perform their essential job functions. This may include modifications to work environments, adjustments to work schedules, or provision of accessible technologies.
- Non-Discrimination: Section 503 prohibits discrimination based on disability in all employment practices, including recruitment, hiring, training, promotions, compensation, and termination.
Overall, Section 503 aims to promote equal employment opportunities for individuals with disabilities and foster workplace environments that are inclusive and accessible. It plays a crucial role in ensuring that federal contractors and subcontractors comply with anti-discrimination laws and take proactive steps to support the employment of individuals with disabilities in the workforce.