Oppose OFCCP’s Proposal to Increase the Obligations of Direct Federal Contractors and Subcontractors Regarding Individuals with Disabilities
On December 9, 2011 the Office of Federal Contract Compliance Programs, OFCCP, issued a notice of proposed rulemaking increasing the affirmative action and nondiscrimination obligations of direct federal contractors and subcontractors regarding individuals with disabilities.
If implemented, the regulations will significantly increase contractors’ obligations as they relate to individuals with disabilities by requiring covered contractors to:
aspire to meet a utilization goal of 7% of each job group at each establishment for the employment of individuals with disabilities with a sub-goal of 2% for individuals with severe disabilities;
track and maintain many new data requirements;
invite applicants to self-identify as disabled both pre- and post-offer;
invite employees to self-identify as disabled annually;
build a “file” on each known disabled applicant and employee, to include every opportunity for which the individual was considered (vacancy, training, promotion), and a statement outlining the reason for rejection if he or she was not selected;
perform and document annual reviews of job descriptions listing the physical and mental job qualifications for all openings during the prior year and provide explanations as to why each requirement is related to the job to which it corresponds;
retain for period of five years all documents related to disabled applicants and new hires;
sign “linkage agreements”, with formal meetings, per establishment with a minimum of three disability employment outreach organizations;
provide extensive internal training for all employees regarding the hiring and treatment of individuals with disabilities;
establish a written reasonable accommodation policy that meets certain OFCCP requirements;
AGC submitted comments on the proposed rule on February 21, 2012. Please use the tools below to tell your elected officials how the proposed rule will be difficult to achieve for the construction industry.
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