John Kline (R-MN), Chairman of the House Committee on Education and the Workforce and Phil Roe (R-TN), Chairman of the Subcommittee on Health, Education, Labor, and Pensions, sent a letter to DOL Secretary Hilda Solis on January 27, 2012 requesting “additional information to clarify issues raised in connection with OFCCP’s proposed rule regarding individuals with disabilities. They also requested a 90-day extension of the public comment period for the review of the additional information.
The letter requests OFCCP provide all documents and communications from OFCCP, the Office of the Solicitor, or any other agency, related to six specific inquiries outlined in the letter.
For a link to the full letter: “Letter to Secretary Solis on Proposed Regulation Affecting Workers With Disabilities and Federal Contractors,” 1/27/12.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
On December 20, 2011, EEOIMPACT submitted a letter to the Office of Federal Contract Compliance Programs (OFCCP) requesting an extension of the comment period for the agency’s Notice of Proposed Rulemaking on Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities.
Debra Carr, Director of the Division of Policy with OFCCP, faxed a letter to EEOIMPACT this afternoon stating that “after considering your request, we determined that we cannot grant an extension of the comment period at this time.”
Comments on the proposed regulation must be received no later than February 7, 2012 to be assured of OFCCP’s consideration.
The U.S. Equal Employment Opportunity Commission announced Tuesday that it received a record 99,947 employment discrimination charges and obtained $455.6 million in FY 2011. Once again, charges alleging retaliation under all statutes enforced by EEOC were the most numerous (37.4 percent). Race charges at 35.4 percent followed, a decline from the previous year. The three other most frequently-cited discrimination allegations were based on sex (28,534 charges); disability (25,742 charges); and age (23,465 charges).
For more information: “Private Sector Bias Charges Hit All-Time High,” 1/24/12.
The EEOC has released for public comment a draft of its Strategic Plan for FY 2012-2016. Comments are due by February 1.
The EEOC’s Strategic Plan serves as a framework for the EEOC in achieving its mission by focusing on strategic law enforcement, education, and outreach, and efficiently serving the public.
For more information and a link to the draft plan: “EEOC Seeks Input on FY 2012-2016 Strategic Plan,” 1/18/12.
Assistant Secretary of Labor for Disability Employment Policy Kathleen Martinez and U.S. Customs and Border Protection acting Commissioner David V. Aguilar have signed an alliance agreement to advance President Obama’s executive order to increase the hiring of people with disabilities by federal agencies.
For more information: “U.S. Labor Department’s Office of Disability Employment Policy and U.S. Customs and Border Protection Sign Alliance Agreement,” 1/6/12.
OFCCP Director Patricia Shiu is scheduled to speak at the ILG Southwest and Rocky Mountain (SWARM) Regional Conference April 10-13.
For more information: Program Agenda.
EEOIMPACT sent a letter on December 20, 2011 to the Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor seeking an extension of 45 days beyond the current February 7 deadline to file comments on its notice of proposed rulemaking (NPRM) on affirmative action and nondiscrimination obligations of contractors and subcontractors regarding individuals with disabilities.
“OFCCP’s proposed rule to revise Section 503 regulations is very important, and it deserves an in-depth analysis and thoughtful response. It will be difficult, however, for federal contractors both large and small to analyze what the proposed rule would require, understand how the proposed rule would impact their policies, programs and procedures, and to provide meaningful comment of value to the OFCCP within the current timeframe. What makes it particularly difficult is that this regulatory initiative comes just as human resource staffs and other functional organizations are in the midst of taking scheduled year-end vacations, celebrating religious or secular holidays, or are otherwise engaged in department initiatives, including preparation of their 2012 affirmative action plans, an activity that will carry over well into January.”
Other requests for extensions of the comment period are anticipated.
The U.S. Department of Labor has posted a special announcement on their website regarding the 2011 VETS 100 filing cycle.
According to the announcement, the filing deadline for VETS-100 reports in the 2011 cycle has been extended to January 15, 2012. At that time the VETS-100 application will be removed from public service until further notice.
For more information, refer to the special announcement on the Department of Labor website.
Website link: http://www.dol.gov/vets/programs/fcp/main.htm
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
The OFCCP has announced that it will hold two webinars to review its recently proposed Section 503 regulation.
The webinars are scheduled for December 20 and December 21 at 2:00pm Eastern.
The OFCCP has announced that during the presentation Policy Branch Chief Naomi Levin will review the highlights of the NPRM and tell how the public can provide comments on the proposed rule.
According to OFCCP, Ms. Levin joined the Department of Labor in May of 2008, after more than 20 years as a Senior Attorney at EEOC. Her accomplishments at EEOC include co-authoring the Commission’s original ADA regulations, conducting numerous ADA and Rehabilitation Act trainings around the country, and serving as a Special Assistant and advisor to two EEOC Commissioners.
Registration information is available at https://www1.gotomeeting.com/register/363191569 and https://www1.gotomeeting.com/register/538846432.
The OFCCP has posted an FAQ on its recently proposed rule regarding Section 503.
Much of the recent discussion in the federal contractor community regarding the proposed rule has centered on the “utilization goal.” Here is what OFCCP says about the utilization goal in its FAQ:
“The NPRM proposes to establish a national utilization goal of 7 percent for the employment of individuals with disabilities in each job group of the contractor’s workforce. OFCCP invites public comment on this proposed goal, and on the potential use of a utilization range of between 4 percent and 10 percent in lieu of a single national utilization goal.
To annually evaluate their utilization of individuals with disabilities, the NPRM proposes that contractors use the job groups established for utilization analyses under Executive Order (E.O. 11246). The proposed goal is derived primarily from disability data collected as part of the Census Bureau’s American Community Survey (ACS). (Visit http://www.census.gov/acs/www/ for additional information about the ACS.)
The goal is neither a quota nor a hiring ceiling, and a failure to attain the goal does not constitute a violation of Section 503 or OFCCP’s regulations. Rather, the goal will provide both contractors and OFCCP with a quantifiable measure for assessing success in recruiting and employing individuals with disabilities. It is a tool to help identify any remaining barriers to equal employment.”
The complete FAQ is available here.
Also reference: “OFCCP Publishes Proposal to Improve Job Opportunities for Individuals with Disabilities” OFCCP website.
