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Legal Issues: OFCCP Proposes Changes to Affirmative Action Regulations

Spotlight for Recruiting Professionals, January 18, 2012 

In December, the Office of Federal Contract Compliance Programs (OFCCP) proposed changes to its regulations governing the nondiscrimination and affirmative action requirements of government contractors regarding individuals with disabilities under section 503 of the Vocational Rehabilitation Act.  

The proposed revisions, Jackson Lewis LLP notes, include requiring employers to:

  • Set a standardized hiring goal of 7 percent for every job group, rather than for the workforce as a whole, in a contractor's affirmative action plan.
  • Undertake additional actions in the areas of recruitment, training, record keeping, and policy dissemination (similar to those long required regarding women and minorities).
  • Invite applicants to self-identify their disability, both before and after receiving an offer of employment, and on an annual basis.
  • Submit annual reports to OFCCP, even when not undergoing a compliance review.

OFCCP’s proposal also revises the definition of “disability” to be consistent with the broader definition under the Americans with Disabilities Act Amendments Act. You may review the proposal at www.gpo.gov/fdsys/pkg/FR-2011-12-09/pdf/2011-31371.pdf.   

The proposed rule is open for public comment until February 7, 2012.

 


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