The U.S. Department of Labor (DOL) is proposing a new rule that would require federal contractors and subcontractors to set a hiring goal of having 7 percent of their workforces be people with disabilities, among other requirements.
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Download NowThe Office of Federal Contract Compliance Programs’ (OFCCP) proposed rule would strengthen the affirmative action requirements established in Section 503 of the Rehabilitation Act of 1973 obligating federal contractors and subcontractors to ensure equal employment opportunities for qualified workers with disabilities. The proposed regulatory changes detail specific actions contractors must take in the areas of recruitment, training, record keeping, and policy dissemination.
In addition, the rule would clarify OFCCP's expectations for contractors by providing specific guidance on how to comply with the law.
The current unemployment rate for people with disabilities is 13 percent, 1 1/2 times the rate of those without disabilities. Furthermore, the Bureau of Labor Statistics show disparities facing working-age individuals with disabilities, with 79.2 percent outside the labor force altogether, compared to 30.5 percent of those without disabilities.
Establishing a 7 percent hiring goal for the employment of individuals with disabilities would be a tool for contractors to measure the effectiveness of their affirmative action efforts and thereby inform their decision-making, according to the OFCCP.
The proposed rule also would enhance data collection and record-keeping requirements in order to improve accountability. Additionally, it would ensure annual self-reviews of employers' recruitment and outreach efforts, and add a new requirement for contractors to list job openings to increase their pools of qualified applicants.
The OFCCP invites public comment on this proposal, which was published in the December 9 edition of the Federal Register.
To read the notice of proposed rulemaking or submit a comment, visit the federal e-rulemaking portal at http://www.regulations.gov. Comments also can be submitted by mail to Debra Carr, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Room C-3325, 200 Constitution Ave. NW, Washington, D.C. 20210. All comments must be received by February 7, 2012, and should include identification number (RIN) 1250-AA02.
Editor's Note: The comment period has been extended 14-days. The deadline for comments is now Tuesday, February 21.