Highlights of the Proposed Rule for Individuals with Disabilities

On December 9, 2011 the OFCCP published a Notice of Proposed Rulemaking (NPRM) to revise the regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended.  The  revisions will increase Federal contractor affirmative action obligations to ensure equal employment opportunities for qualified workers with disabilities.

Highlights of the proposed rule: / comment requests include:

• Goal / Goal Range / Sub-Goal: Establish a hiring goal of 7 percent for individuals with disabilities in each job group. Also being proposed are: a utilization goal range rather than the fixed 7 percent goal, and a 2 percent sub-goal for individuals with certain particularly severe or targeted disabilities.
• Invitation to Self Identify:  a) Invite all applicants to voluntarily self-identify as an “individual with a disability” at the pre-offer stage of the hiring process; b) invite post-offer voluntary self-identification and conduct an annual survey of all employees.
• Record-Keeping: Maintain records on the number of individuals with disabilities referred to, applying for and hired to open positions for a period of 5 years.
• Accommodation Requests: Develop and implement written procedures for processing requests for reasonable accommodation.
• Outreach / Linkage Agreements: Engage in linkage agreements with a minimum of three specific types of outreach and recruitment efforts to recruit individuals with disabilities.
• Job Listings: List job openings with One-Stop Career Centers or other appropriate employment delivery systems.
• Annual Reviews: Require the previously recommended steps to review personnel processes, as well as physical and mental job qualifications.

Read the complete highlight article, Fact Sheet, or Frequently Asked Questions from the OFCCP

Click here to download the proposed rule
Click here to comment on the proposed rule. 
Comment period closes 2/7/2012  2/21/2012.

THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming OFCCP's regulatory efforts. We offer pro-active and proven compliance tools and methods.

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc. visit www.thomashouston.com, call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.