OFCCP’s “Game-Changing” Section 503 Disability Regulations

On Thursday, December 8, 2011, the OFCCP published for public comment a proposed revision to the regulations that implement Section 503 of the Rehabilitation Act of 1973.  The proposed regulations would dramatically expand federal contractors’ compliance requirements regarding non-discrimination and affirmative action for applicants and employeeswith disabilities under Section 503. The proposed regulations demonstrate the OFCCP’s intent to hold contractors to much higher standards for increasing employment opportunities for individuals with disabilities and add a myriad of recordkeeping and self-assessment obligations so that OFCCP may more easily audit contractor compliance to detect deficiencies. Please join us to learn about the proposed changes, their possible impact on your organization, and what you need to do now.

We will discuss the principal proposed changes, including:  

• Workforce goal of 7% individuals with disabilities, including 2%individuals with severe disabilities
• Expanded definition of who is considered an applicant or employee with a disability
• Annual report of individuals with disabilities from each contractor to OFCCP
• Annual survey of all employees to permit individuals with disabilities to self-identify 
• Required self-identification questionnaire to all applicantspre-offer & post-offer
• New procedures and deadlines for processing reasonable accommodation requests
• Mandatory linkages with referral sources
• Required tracking ofreferrals, applicants & hires, annual analysis & monitoring
• Required tracking/reporting on training & employment consideration
•  Annual self- assessment of employment practices, qualifications