Although previous extension requests had been rejected, this announcement comes after a January 17 letter from Congress asking the OFCCP to extend the comment period on the NPRM. Additionally the letter questions the legal authority under 503 for the OFCCP to establish a numerical hiring standard, raising concern about instituting a quota. Other concerns raised include the conflict of the pre-offer request to self-identify with the statutory language of the Americans with Disabilities Act (ADA) and the potential paperwork and recordkeeping burdens to employers.
It would appear that Ms. Sandra Scott Ziegler, Esq., recently retired OFCCP Midwest Region Director, was accurate in her January 7 2012 article: "Commenting on the Section 503 Notice of Proposed Rulemaking: What You Need to Know" when explaining why comments on proposed rulemaking are crtical. Ms Ziegler points out that the OFCCP is not the only potential audience for comments. The OMB (Office of Management and Budget) as well as elected officials may be influenced by the comments and by how much interest the rule has generated as measured by the volume of comments received.
Click here to read the letter from Congress to the OFCCP
Click here to read Ms. Zieger's article
Click here to read Highlights of the NPRM
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.
