On July 31, 2013, the Office of Federal Contract Compliance Programs (OFCCP) sent its final rules amending federal contractors’ affirmative action and nondiscrimination obligations in regard to disabled persons and protected veterans to the Office of Management and Budget (OMB) for review. OMB now has 90 days to review the regulations, although it can extend the period. More after the break.
The most controversial aspect of the proposed rules is the goal of having people with disabilities make up seven percent (7%) of those hired in every affirmative action plan job group. The proposed changes would also amend federal contractors’ and subcontractors’ affirmative action requirements, require more substantive analysis of recruitment and placement actions taken under both laws, and provide for enhanced data collection requirements, including soliciting veteran and disability information at the pre-offer stage of the hiring process. The rules would also result in increased outreach and recruiting obligations including the establishment of “linkage agreements” with multiple outreach/recruiting sources.