Update on Section 503 of the Rehab Act – Totality Statements
May 2024

Submitted by: ​Judy Julius
Owner/Primary Consultant                                                                                                
EEO Consulting, LLC
Board Member, Center for Disability Inclusion
[email protected]
http://www.eeo-consulting.net/
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While the Rehab Act of 1973 is 50 years old, it’s actually only been ten years since the OFCCP started requiring employers to measure their results. “What gets measured gets done!” was the mantra on 3/24/14.  They were right!  And employers are starting to move the needle and realize the value of a truly inclusive workforce. Then, from 2019 to 2020 the OFCCP conducted 250 Focused Reviews on Section 503 and they learned a lot.

So, in the fall of 2023 the OFCCP added a new requirements to the Itemized Listing that goes out with compliance review 30-day scheduling notices. The OFCCP now wants documentation which indicates “whether you believe the totality of your efforts were effective,” and if they weren’t effective, what “alternate efforts” have you identified. Basically, if your efforts are not working, what are you doing to fix it?

And you can’t wait to measure your results until you get a compliance review since some of the data metrics go back for three years.  So here are a few quick reminders:
  1. Use CC305 in your ATS and Onboarding to solicit disability status.
  2. Don’t forget you must resurvey your entire workforce every 5 years, and remind folks at least once in between. So if you did your first survey in 2014, and your resurvey in 2019, that means this is the year for your next resurvey.
  3. Track the sources of your applicants and hires in your ATS so you can see what’s working, (and don’t be surprised or discouraged when Indeed is on the top of that list).
  4. Keep an outreach log including names, phone numbers, how many people you talked to and if you hired anyone. The OFCCP wants details. The more the better. And they expect you to evaluate each event!
  5. Maintain your overall and disability data on applicants and hires for three years.
  6. Ensure your audit and reporting systems are in place so you know if you met your goals.
  7. Make a totality statement at the end of the year. If your outreach is not working, fix it, just like you would fix any other business practice that is not working.
Remember, you can’t outsource your outreach! The success of your 503 AAP really depends on those partnerships you have built with your local community-based organizations and your culture of inclusion.

Here are some additional resources.​