OFCCP Proposes Substantive Changes to Prevent Workplace Discrimination

The Office of Federal Contract Compliance Programs (OFCCP) has proposed significant changes to federal rules designed to protect individuals with disabilities from workplace discrimination.

The current rule requires employers who are subject to OFCCP regulation to make a "good faith" effort to recruit and hire individuals who have disabilities. This vague standard provided limited guidance for employers. Under the new rule, employers would work toward a more specific objective of including enough disabled individuals to comprise seven percent of each job group, with a range of four percent to ten percent in mind.

The OFCCP may also establish a sub-goal for individuals with severe or "targeted" disabilities. The agency is considering a goal of including two percent of individuals who have these targeted disabilities as part of the seven-percent goal. The targeted disabilities include lost extremities, dwarfism, blindness and total deafness. The OFCCP has invited employers and advocates to comment on this sub-goal.

Another significant change proposed in the new rule is a requirement that contractors develop and execute written procedures for processing "reasonable accommodation" requests. The proposed bill includes guidelines for the new procedures. The rule would also require contractors to encourage applicants and new hires to self-identify that they have a disability. Employers would conduct an annual survey of the workforce to identify employees who have disabilities.

The new rule would also require that contractors (i) meet a quota for outreach and recruitment contacts with organizations that facilitate hiring of disabled individuals and veterans, and (ii) annually review the effectiveness of recruiting programs in recruiting workers with disabilities. The rule also revises data analysis, documentation and recordkeeping requirements.

The OFCCP also proposes additional OFCCP training for hiring managers and others who make personnel decisions. Interested parties may comment on the proposed rule through February 7, 2012.

Categories: General Business Compliance
Tags: workplace discrimination, OFCCP