An AAP must contain the contractor’s schedule for the review of all physical and mental job qualification standards to ensure that, to the extent they tend to screen out qualified disabled veterans, they are job-related and consistent with business necessity. To be acceptable, the AAP must affirm that the contractor completed a review of the physical and mental job qualification standards. The contractor’s desk audit submission must also contain the most recent assessment, including the date the assessment was performed, and any actions taken or changes made as a result of the assessment.52 If the CO is evaluating a newly covered contractor, the AAP must provide a specific and reasonable time by which the contractor will review the physical and mental job qualifications.
The contractor must ensure that any inquiries or medical examinations regarding an applicant’s or employee’s medical condition made by, or at the behest of, the contractor are conducted following relevant laws, including 41 CFR 60-300.23. All medical information the contractor obtains as a result of such inquiries or exams must be treated as confidential and maintained on separate forms and medical files, except as otherwise provided for in 41 CFR 60-300.23(d). The CO may also consult the EEOC’s Enforcement Guide: Preemployment Disability-Related Questions and Medical Examinations (https://www.eeoc.gov/policy/docs/preemp.html) for more information on pre-employment medical examinations and inquiries.53
52. This information is requested in the Itemized Listing, under 41 CFR 300.44(c).
53. See also 41 CFR 60-300.23(d).