The Labor Department's Office of Federal Contract Compliance
Programs, on December 9, 2011, proposed a rule that would require
federal contractors to establish a hiring goal of 7 percent of the
employer's workforce for persons with disabilities. The
proposal represents a change from over forty years of OFCCP policy
requiring contractors to make a "good faith effort" to
recruit and hire people with disabilities. The rule would
strengthen affirmative action requirements under Section 503 of the
Rehabilitation Act, which requires federal contractors and
subcontractors to provide equal employment opportunities for
persons with disabilities.
OFCCP Director, Patricia Shiu commented that the proposal would
"define specific goals, require real accountability, and
provide the clearest possible guidance for employers seeking to
comply with the law." The 7 percent goal is not a hiring quota
or a restrictive ceiling under the proposed rule; it is merely an
The proposed rule is in line with the Obama Administration's
effort to improve the lives of disabled persons. It also revises
key terms (such as "substantially limits,"
"disability," and "major life activity") under
Section 503 of the Rehabilitation Act to conform with the ADA
Amendments Act. The proposed rule also includes a provision that
would invite job applicants to self-identify as disabled and also
would require federal contractors to survey their current employees
annually to provide employees with the opportunity to self-identify
as disabled. Voluntary self-identification will allow contractors
to compile data to assess the effectiveness of recruitment efforts.
Pursuant to the proposed rule, contractors also would be required
to perform an annual review assessing their recruitment and hiring
efforts. Finally, the rule would require federal contractors to
collaborate with state vocational rehabilitation agencies or local
organizations to help with recruitment and training of persons with
Sylvia Dahlby, a "purveyor of talent acquisition, staffing management and recruiting business solutions" in Hawaii, commented below on our posts about "lookism," beauty bias, appearance bias, and obesity.
Over $2 million, along with "a very strong consent decree," is the price of settlement of an EEOC same sex sexual harassment (and retaliation) lawsuit action against a New Mexico car dealership on behalf of over 50 men.
Recently issued final regulations on the employer reporting requirements under the Affordable Care Act clarify and streamline the process for reporting information relating to the provision of minimum essential coverage and health insurance coverage offered under employer-sponsored plans.
I read with interest a recent post by Michael Kun in the Epstein Becker wage hour blog concerning (non-exempt) employees seeking payment for and/or suing for compensation for time spent checking and responding to emails and utilizing other PDAs on (ostensibly) Company business after business hours and on weekends.
On November 2, 2012, we reported that a federal court in Michigan had enjoined the application of the rule of the Patient Protection and Affordable Care Act that would have required a "secular, for-profit, family owned and operated corporation" owned by a practicing Catholic to provide employee health insurance that covers contraception.
President Obama Issues Initiative to Expand Overtime Pay
On March 13, 2014, President Barack Obama requested that the Labor Department issue rules that greatly expand the number of workers who will be eligible to receive overtime pay.