The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) recently published a proposed new rule that would require federal contractors and subcontractors to set a hiring goal of having seven percent (7%) of their workforces be comprised of individuals with disabilities. As noted in our white paper about this proposal, the new rule is a significant revision of the affirmative action regulations implementing Section 503 of the Rehabilitation Act of 1973. The proposed rule also:
- Incorporates the expanded definition of "disability" under the final regulations to the Americans with Disabilities Act Amendments Act of 2008 (ADAAA);
- Imposes new data collection responsibilities and five-year record-keeping requirements;
- Provides for new applicant self-identification of disability status pre-offer;
- Provides for employees to self-identify annually;
- Sets out written reasonable accommodation request procedures;
- Requires increased and documented recruitment efforts; and
- Suggests that contractors may be required to submit an annual report to OFCCP regardless of whether they have been selected for a compliance evaluation.
Our detailed white paper on OFCCP's proposal can be found on
Ogletree Deakins'
website.
To read the notice of proposed rulemaking or submit a comment,
visit the federal e-rulemaking portal at http://www.regulations.gov.
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