The United States Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") recently proposed a new rule that would, for the first time, require federal contractors and subcontractors ("contractors") to set a hiring goal of having seven percent of their workforces comprised of disabled workers. The proposed rule would amend Section 503 of the Rehabilitation Act of 1973, which obligates contractors to ensure equal employment opportunities for qualified workers with disabilities. This represents the first time the government has sought to establish a specific hiring goal relating to individuals with disabilities and is intended to reduce the high unemployment rate among the disabled population.
Under the proposed rule, contractors would be required to set a goal of having seven percent of their employees be workers with disabilities in each job group of the contractors' workforce. Contractors would have to begin requesting that applicants voluntarily self-identify at the pre-offer stage as an "individual with a disability." Applicants would also be asked to voluntarily self-identify at the post-offer stage, and contractors would be required to annually survey all employees in order to invite them to self-identify, even if anonymously. The proposed rule would impose additional recordkeeping and enhanced recruitment obligations on contractors.
The OFCCP is soliciting comments through February 7, 2012. All comments should include identification number (RIN) 1250-AA02. Comments may be submitted electronically by accessing the Federal eRulemaking portal at http://www.regulations.gov; by mail to Debra A. Carr, Director, Division of Policy, Planning, and Program Development, OFCCP, Room C-3325, 200 Constitution Avenue, N.W., Washington, D.C. 20210; or by facsimile (for comments of 6 pages or less) to (202) 693-1304.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.