Berkshire Update: OFCCP Seeks Public Input to Strengthen Disability Regulations for Federal Contractors

Source: Berkshire Associates Inc.
 
In an Advance Notice of Proposed Rulemaking published in the Federal Register on July 23, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) asked the public to provide ideas to help modify the regulations implementing Section 503 of the Rehabilitation Act of 1973. Though the Section 503 regulations have required equal employment opportunity for contractors since the 1970s, the rate of disabled people who are unemployed or not in the work force is still notably higher than those individuals who are not disabled.
 
As a reaction to this persistent disparity, the OFCCP is looking to strengthen the regulations that require federal contractors to use affirmative action when hiring and advancing qualified individuals with disabilities. Berkshire has seen an increased focus on the individuals with disabilities portion of affirmative action plans during OFCCP audits, and this request for input is another example of the agency’s growing focus on this area of affirmative action. The OFCCP has requested comments from federal contractors on the following topics:
 
  • The employment practices that have been effective in recruiting, hiring, advancing, and retaining qualified individuals with disabilities
  • The available data that could be used to establish hiring goals and conduct utilization analyses of individuals with disabilities
  • How linkage agreements between federal contractors and organizations that focus on the employment of qualified individuals with disabilities can be strengthened to increase effectiveness 

 Berkshire encourages federal contractors to provide input to the OFCCP regarding their experiences recruiting, hiring, and retaining qualified individuals with disabilities, and their thoughts on how strengthening the Section 503 regulations would impact their businesses. To read the notice or to submit a comment, go to the Federal eRulemaking Portal at http://bit.ly/acMwbd. The deadline for receiving comments is September 21, 2010.

For more information on regulations surrounding recruiting, hiring, and retaining employees with disabilities please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.