The following is the second blog in a series focusing on EEO requirements and best practices for federal contractors regarding website content. Part 1 in the series focused on posting and notice requirements. Part 2 addresses accommodations for web users.
The Americans with Disabilities Act of 1990 (ADA), which applies to private employers with 15 or more employees as well as state and local government employers, requires employers to provide reasonable accommodations for individuals with disabilities as needed to be considered for a job opening. Organizations that hold a Federal contract or subcontract valued at over $15,000 also have obligations under Section 503 of the Rehabilitation Act of 1973, as amended, to take affirmative action to employ and advance in employment qualified individuals with physical or mental disabilities. For covered contractors, this means making efforts to attract individuals with disabilities to apply for job openings, and assessing the effectiveness of its recruitment efforts in recruiting qualified individuals with disabilities.
Although the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) does not require online job application systems to be accessible and compatible with assistive technologies used by individuals with a disability, it is a best practice for organizations to ensure their online job application system is compatible with technologies such as screen readers often utilized by individuals with visual impairments.
Even when organizations have diligently worked to make their website and online application processes accessible, at times an applicant with a disability may still need assistance to apply for a job. Under 41 CFR 60-741.21(a)(6)(iii) contractors are required to provide reasonable accommodations to qualified individuals with a disability if they are unable to apply through the electronic system. When an accommodation is necessary, applicants need to know the method for requesting assistance. This must be accomplished by a statement on the organization’s website with instructions on how a person can request assistance. The following is an example that organizations can utilize:
“If you need assistance applying for a job due to a disability, you can request an accommodation by contacting ________ (person or department) at ________ (phone, TTY, fax, email, etc.)”.
The following are some best practices for an inclusive online accommodation experience:
- Prominently display the accommodation statement on the primary page or within two clicks from the primary page. It is a common practice to post this statement on a company’s main landing page or on the first page of the Career Page.
- Offer more than one option for requesting an accommodation. Keep in mind that some job seekers may have a hearing or speech impairment and require a TTY (TeleTypewriter) device to communicate which requires the receiving party to also utilize a TTY. Therefore, having a phone number as well as an email option to request an accommodation, for example, is optimal.
- Respond to requests for an accommodation in a timely manner. Applicants should receive a response within 2 to 3 business days from requesting assistance to apply for a job.
- Properly train individuals handling accommodation requests. These individuals should be trained on how to properly record requests for accommodations as well as handle these requests in a courteous and effective manner.
- Have more than one person available to handle accommodation requests. Unfortunately, it is not uncommon for organizations to select only one person to handle accommodation requests from applicants. This could be problematic if the person is out of the office for multiple days and unable to handle the request in a timely manner or the person is no longer employed with the organization and no one else has been trained on handling these requests.
- Consider having a dedicated email for accommodation requests. Typically a team of people within the Human Resource department handles accommodation requests as well as maintains records of these requests along with the final outcome. A unique email address can be utilized for handling only accommodation requests with those requests automatically forwarded to the team assigned to handle these requests.
- Test your accommodation process periodically. In particular, make sure that the accommodation process itself will not prevent someone from submitting an application. So long as the accommodation request is received before the requisition is set to close or expire, the final application needs to be submitted for consideration.
Learn more about this topic at our August 30, 2022 webinar, “Tips for Conducting a Website Review for Federal Contractors.” Register today!