OFCCP Directive - Online Application Systems

Online Application Systems

One of the topics that was discussed during the OFCCP’s September 10, 2008 webinar (OFCCP: The Homestretch) is the Directive on the use Online Application Systems by contractors. The topic was presented by Ms. Naomi Levin, Acting Branch Chief, Policy Development and Procedures.

The emergence of advance technologies has also prompted most employers to use Online Application System (OAS) as a tool in their application process (either exclusively or in combination with the traditional paper application). Therefore, it became necessary for compliance monitoring agencies, such as the OFCCP, to ensure that these OAS are accessible to ALL interested individuals, including to persons with disabilities.

OFCCP’s Online Application Systems Directive mainly focuses on the accessibility of these OAS to persons with disabilities. It provides guidance to contractors’ Affirmative Action 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). The directive provides that:

During compliance evaluations, the OFCCP will also include a review of the contractor’s online application system. The review will ensure that equal opportunity is provided to disabled persons. It will also include a review of whether the contractor provided reasonable accommodations to persons with disabilities, unless such accommodations will cause undue hardship to the employer (e.g., too costly).
Individual complaints that involve the contractor’s OAS can also be investigated and reviewed by the OFCCP.

The OFCCP also offered some recommended actions in order to ensure equal opportunities are extended to persons with disabilities:

A notice on how to obtain reasonable accommodations should be clearly displayed on the contractor’s OAS. The notice should contain:
the contact information (e.g., name/title or the person, phone, number, e-mail address, location address, etc.)
a clearly stated process in obtaining reasonable accommodations
The OAS should be able to operate with adaptive technologies used by persons with disabilities (e.g., voice recognition)
Provide an alternate way to apply for a job besides the OAS (e.g., filling out paper application forms)
Kiosks should be accessible to persons with mobility impairments

The notice on how to obtain reasonable accommodation is also recommended to be placed on the very first screen of the of the online application system.

To learn more about this new directive, you may visit www.dol.gov/esa/ofccp