Winter 08-09 Newsletter
OFCCP UPDATE
Americans with Disability Act Amendments Act (ADAAA)
On September 25, 2008, the President signed into law the Americans with Disabilities Act Amendments Act (ADAAA), which was unanimously passed by Congress. The ADAAA was passed to expand the original legislation in response to mounting court rulings that had limited the scope of protection that was provided under the current law. The ADAAA overturns a decade of legal precedence that has barred the door to ADA eligibility for many people with disabilities, including epilepsy, diabetes, intellectual and developmental disabilities, muscular dystrophy, and cancer, among many others. The reforms in the law will apply to both the ADA and Section 504 of the Rehabilitation Act. The reforms will restore the intent of the bipartisan Congress that passed the ADA in 1990.
The amendment provides for the following:
- It clarifies and expands the definition of disability;
- It provides for an exclusion of consideration of mitigating measures;
- It expands the list of major life activities;
- It clarifies the standard for being "regarded as" disabled; and
- It allows for the disabled, while in remission, to continue to be covered by ADA.
Note: The new law became effective on January 1, 2009.
Federal Contractors Responsibilities:
Federal Contractors and Sub-contractors should do the following to remain in compliance with the new ADAAA:
- Provide training for supervisors and managers on the ADAAA and instructions on how to handle requests for accommodations from employees and applicants with disabilities.
- Review the company’s interactive request for accommodation process. Avoid informal discussions with employees about accommodations; document the process and have HR oversee it.
- Revise policies related to the ADA regarding discrimination; making sure that all procedures are compliant.
- Revise medical certification forms, letters and processes to handle accommodation requests.
- Make sure that job descriptions accurately reflect essential job functions for the position.
- Include sensitivity to disability in all diversity training.
E-Verify
E-Verify, formerly known as the Basic Pilot/Employment Eligibility Verification Program, is an Internet based system operated by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees.
E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.
Federal Contractors Responsibilities:
Federal contractors and subcontractors are currently required to begin using the USCIS’ E-Verify system starting on February 20, 2009, to verify their employees’ eligibility to legally work in the United States.
The new rule implements Executive Order 12989, as amended by President George W. Bush on June 6, 2008, directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees. The amended Executive Order reinforces the policy, first announced in 1996, that the federal government does business with companies that have a legal workforce. This new rule requires federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States.
Pinnacle AAP Training
Mark your calendar…Pinnacle ‘s next Affirmative Action Planning Training Seminar in New Orleans is tentatively scheduled for May 14th and 15th. Watch your e-mail for registration information!
AAP Data for 2009
For those Pinnacle Partners with 1st Qtr 2009 plan dates, the 2009 plan year is officially upon us. If you have not yet sent in your data for your 2009 plan, now is the time to do so. Contact your Affirmative Action Specialist or Bobbie Ibieta, Pinnacle's VP of Operations at (504) 553-5331 or via e-mail at Bobbie.Ibieta@Pinnacle-AAP.com for more information.
New Pinnacle Employees
Pinnacle is pleased to announce that Jeff Baker has joined us as Vice President of Sales and Business Development. Jeff has more than 15 years of experience in the Affirmative Action/EEO, technology, and recruitment industries helping clients develop a proactive affirmative action process. Through Mr. Baker's knowledge of the OFCCP, he provides strategic consulting focused on assuring that clients are in compliance with the agency's regulations.
Prior to joining Pinnacle, Mr. Baker was the Director of Business Development with HRworks in Atlanta, a nationwide recruitment consulting firm specializing in the OFCCP's internet applicant ruling. Previous to HRworks, Jeff was the Director of Sales for Optimum Affirmative Action Services, which was acquired by Peopleclick in 2001.
Mr. Baker received his Bachelor of Arts degree from Indiana University, with a major in Telecommunications and a minor in Graphic Design. Jeff is an active leader in the Society for Human Resources Management (SHRM). As a member for the past 14 years, he has held a number of roles within the executive committee of SHRM-Atlanta. He is also a leader with the Atlanta Industry Liaison Group and is currently Chairperson for the 2009 National Industry Liaison Conference, which will be hosted in Atlanta.
Pinnacle is also pleased to announce that Maria Angelica Jeter has joined us as an Assistant Affirmative Action Specialist. Maria's 15 years experience in office management will increase Pinnacle's ability to better serve its clients. She has worked in the professional service industry for several companies and as a bank loan analyst. She attended Arizona Computer Institute and received a diploma in Accounting Software. Please join us in welcoming both Jeff and Maria to our family.
Pinnacle has moved its offices to 3850 N. Causeway Blvd., Suite 1240, Metairie, LA 70002. Metairie is a suburb of New Orleans about halfway in from the airport, so we are essentially still in the New Orleans area. AAP Training is still planned to take place in downtown New Orleans as usual.