September 2013
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U.S. DOL Announces New Section 503 Disability Regulations

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The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has announced a Final Rule that makes historic changes to the regulations implementing Section 503 of the Rehabilitation Act on to the employment of individuals with disabilities, referred to in the Rule as "IWDs." As explained in the DOL's August 28, 2013, announcement,

"Section 503 prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities, and requires these employers to take affirmative action to recruit, hire, promote, and retain these individuals."

For the first time, the OFCCP has established a "nationwide 7% utilization goal for qualified IWDs." Contractors with more than 100 employees will apply this goal to each of their job groups; those with 100 or fewer employees will apply it to their entire workforce.

Additional provisions require contractors to keep and analyze certain data with regard to the employment of IWDs, to invite applicants and employees to self-identify as IWDs, to incorporate specific equal employment opportunity language in their subcontracts, and to allow the OFCCP to review documents as part of either a compliance check or focused review.

The Final Rule eliminated the requirement in the earlier Proposed Rule that contractors implement written procedures for processing requests for reasonable accommodation. However, the Final Rule states that implementing such a procedure is a "best practice" and includes in its Appendix B 14 points of "guidance" for contractors to consider in  developing this "best practice."

The Final Rule is effective 180 days after its publication in the Federal Register, which is expected to occur soon. However, the Final Rule "seeks to provide contractors the opportunity to maintain their current AAP cycle."

The Jackson Lewis Affirmative Action Practice, headed by Mickey Silberman, and the Disability, Leave and Health Management Practice, headed by Frank Alvarez, will continue to provide updates on the new regulations and will conduct a webinar for interested federal contractors in September 2013.


For more information, please contact

Mickey Silberman, at SilbermM@jacksonlewis.com

Frank P. Alvarez, at AlvarezF@jacksonlewis.com 

Kristin L. Bauer, at BauerK@jacksonlewis.com


© 2013 Jackson Lewis LLP. Reprinted with permission.
Originally published at www.jacksonlewis.com. Jackson Lewis LLP is a national workplace law firm with offices nationwide.

This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis LLP and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis LLP.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis LLP represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

 

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