• OFCCP Proposes New 7% Hiring Goal for Individuals with Disabilities
  • January 11, 2012 | Author: Dara L. DeHaven
  • Law Firm: Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Atlanta Office
  • 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.

    To read the notice of proposed rulemaking or submit a comment, visit the federal e-rulemaking portal at http://www.regulations.gov. Comments will be accepted until February 7, 2012.  If you would like assistance in filing comments.