April 7, 2019 New Self-Identification Disability Requirements for Apprenticeship Programs Information for Apprenticeship Sponsors Presented By: Office of Apprenticeship

Natalie Linton Program Analyst Office of Apprenticeship Employment and Training Administration U.S. Department of Labor

Debra Carr Zachary Boren Director of Policy, Division Chief Office of Apprenticeship Employment and Training Administration U.S. Department of Labor Debra Carr Director of Policy, Office of Federal Contract Compliance Programs (OFCCP) U.S. Department of Labor

Review phase-in schedule for the Apprenticeship EEO regulations Explain the process and elements of the invitation to apprentices and applicants to self- identify as having a disability Learn about the experience of federal contractors that have used this process for four years Hear from the audience

Phase-In Schedule for Sponsors Registered with OA Existing Sponsors New Sponsors Initial Requirements January 18, 2017 Upon registration July 17, 2017 Requirements July 17, 2017

Phase-In Schedule for Sponsors Registered with OA Existing Sponsors New Sponsors Final affirmative action provisions: Draft written affirmative action plans due Conduct initial workforce analysis for race & sex Conduct initial workforce analysis for individuals with disabilities Conduct initial review of personnel practices Begin inviting applicants and apprentices to self-identify as having a disability January 18, 2019 Two years after registration

Elements of Disability Self-Identification for Sponsors Which sponsors are covered? Why gather this information? What is the process for gathering this information? The Voluntary Disability Disclosure Form When do sponsors offer the invitation to self- identify? What do sponsors do with the forms and the data?

Disability Self-Identification: Which sponsors are covered? Those Registered Apprenticeship programs required to develop a written affirmative action plan, which are programs that both: Have five or more apprentices AND Do not already provide for the use of affirmative action goals under other specified laws

Disability Self-Identification: Why must sponsors gather this information? Apprenticeship programs will now include disability status in their workforce analyses Sponsors will need to know the number of apprentices and applicants with disabilities to evaluate their representation in the apprenticeship workforce National aspirational goal of 7% for each major occupational group across apprenticeships

Disability Self-Identification: What is the process? Invite all apprentices and applicants to self- identify whether they have a disability No need to determine what disability an apprentice or applicant may have – just whether or not they have a disability Information gathered using one standard form Provide paper form in person Provide online version of form

Disability Self-Identification: The Voluntary Disability Disclosure Form

Disability Self-Identification: The Voluntary Disability Disclosure Form How Do I Know if I have a Disability? You are considered to have a disability if you have: Physical or mental impairment or medical condition that substantially limits a major life activity, OR A history or record of such an impairment or medical condition Disabilities include, but are not limited to: Blindness, deafness, cancer, diabetes, epilepsy, autism, cerebral palsy, HIV/AIDS, schizophrenia, muscular dystrophy, bipolar disorder, major depression, multiple sclerosis, missing limbs or partially missing limbs, post-traumatic stress disorder, obsessive compulsive disorder, impairments requiring the use of a wheelchair, intellectual disability

Disability Self-Identification: When do sponsors offer the invitation to self-identify? Current apprentices By January 18, 2019 Annual reminder inviting them to update their status on the form if they wish Applicants for apprenticeship January 18, 2019 and beyond: invite all applicants to complete the form Invite all applicants accepted into the program to complete the form – before they begin apprenticeship

Federal Contractors’ Experience with Disability Self-Identification OFCCP enforces Section 503 of the Rehabilitation Act Section 503 prohibits federal contractors and subcontractors from discrimination on the basis of disability and requires affirmative actions to recruit, hire, promote and retain individuals with disabilities Beginning in March 2014, OFCCP required contractors to invite applicants and employees to self-identify as having a disability

Federal Contractors’ Experience with Disability Self-Identification Issues raised by federal contractors – and steps taken to address them: Violating ADA? EEOC letter Employees’ reluctance to complete the form OFCCP video, https://www.dol.gov/ofccp/SelfIdVideo.html Not enough time to prepare for implementation OA regulations provide two years It all comes down to education – educating sponsors, apprentices and applicants

Disability Self-Identification Data Recent Employer Survey Findings: Self-ID rates: 47% of companies with self-ID campaigns report increase in disclosures Overall disability representation: 3.9% Percentage of companies attaining 7% representation: 12% reached the aspirational goal

Technical Assistance for Sponsors Webpage containing: Voluntary Disability Disclosure Form Guide for Sponsors on Disability Self- Identification Link to OFCCP video Resource sheet on encouraging employees to self-identify Link to Disability Page – many additional resources

Zach Boren Debra Carr Division Chief / Office of Apprenticeship USDOL Boren.Zachary@dol.gov Debra Carr Director of Policy / Office of Federal Contract Compliance Programs Carr.Debra@dol.gov