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
As OSHA's enforcement relating to employee cell phone use gains more notoriety, it can be expected that it will have a significant collateral impact on law enforcement at all levels to address this hazard.
Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to address prior salary consideration; imposing new restrictions on background checks and gig economy workers; and more. Small employers will be relieved the Governor vetoed expanded unpaid parental leave, but it will likely return in future sessions.
Just when employers were becoming more comfortable with the complex and lengthy Form I-9, Employment Eligibility Verification that was issued in 2013, the federal government has decided to turn up the heat.
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