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Archive for the ‘Disability’ Category

October is National Disability Employment Awareness Month

October 2nd, 2012 Patricia Schaeffer Comments off

The U.S. Department of Labor has announced October as National Disability Employment Awareness Month.  This year’s theme is:  “A Strong Workforce is an Inclusive Workforce:  What Can YOU Do?”

More information:   “A Strong Workforce is an Inclusive Workforce:  What Can YOU Do?” Department of Labor, October 2012

U.S. DEPARTMENT OF LABOR OFFICE OF DISABILITY EMPLOYMENT POLICY ANNOUNCES ALLIANCE AGREEMENT WITH NATIONAL INDUSTRY LIAISON GROUP

April 27th, 2012 Patricia Schaeffer Comments off

Assistant Secretary of Labor for Disability Employment Policy Kathleen Martinez and National Industry Liaison Group Chair Valerie J. Vickers signed an alliance agreement to promote the hiring of individuals with disabilities by the federal contractor community.

For more information:  “US Department of Labor’s Office of Disability Employment Policy Signs Alliance Agreement with National Industry Liaison Group,” April 26, 2012.

The link is at:   http://www.dol.gov/opa/media/press/odep/ODEP20120811.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.

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ISSUES PUBLICATIONS ON VETERANS WITH DISABILITIES AND THE AMERICANS WITH DISABILITIES ACT

February 29th, 2012 Patricia Schaeffer Comments off

The EEOC issued two revised publications addressing veterans with disabilities and the Americans With Disabilities Act. (ADA).  The publications are:  The “Guide for Employers” that explains how protections for veterans with service-connected disabilities differ under the ADA and the Uniformed Services Employment and Reemployment Rights Act (USERRA), and how employers can prevent disability-based discrimination and provide reasonable accommodations.   The second publication is the “Guide for Wounded Veterans” that answers questions that veterans with service-related disablities may have about the protections they are entitled to when they seek to return to their former jobs or look for civilian jobs.  The publication also explains the kinds of accommodations that may be necessary to help veterans with disabilities obtain and successfully maintain employment.

For more information and a link to the publications:  “EEOC Issues Revised Publications on Employment of Veterans With Disabilities,” 2/28/12.

This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ISSUES Q&A ON ADA AND HIGH SCHOOL DIPLOMA REQUIREMENT

February 22nd, 2012 Patricia Schaeffer Comments off

The U.S. Equal Employment Opportunity Commission (EEOC) has posted an article on its website that begins: On November 17, 2011, the EEOC issued an informal discussion letter about how the ADA applies to qualifications for jobs. There has been significant commentary and conjecture about the meaning and scope of the letter.

The EEOC lists several questions and answers intended to clarify these issues.

For more information: What You Should Know: Questions and Answers About the EEOC and High School Diploma Requirements.”

This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Categories: Disability, EEOC

OFCCP DIRECTOR PATRICIA SHIU ISSUES NOTICE EXTENDING SECTION 503 NPRM COMMENT PERIOD

February 7th, 2012 Patricia Schaeffer Comments off

OFCCP Director Patricia Shiu signed a notice February 6 for a 14-day extension of the comment period for the proposed Section 503 regulation.  Comments on the proposed rule were previously required by February 7.

The notice states the comment period is being extended because OFCCP had “determined that the public could use additional time to review the potential impact of the proposed requirements.”

Previously on January 24, OFCCP sent letters to several organizations, including EEOIMPACT, denying their requests for an extension.

A copy of the extension notice (“503 NPRM Comment Period Extended to February 21st”) is available on OFCCP’s website under Latest Events and News at:  http://www.dol.gov/ofccp/.

This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Categories: Disability, OFCCP, Regulation

OFCCP REJECTS REQUEST TO EXTEND PERIOD TO SUBMIT PUBLIC COMMENTS ON PROPOSED SECTION 503 REGULATION

January 25th, 2012 Patricia Schaeffer Comments off

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.

U.S. DEPARTMENT OF LABOR’S OFFICE OF DISABILITY EMPLOYMENT POLICY SIGNS ALLIANCE AGREEMENT TO INCREASE HIRING OF PEOPLE WITH DISABILITIES

January 9th, 2012 Patricia Schaeffer Comments off

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.

EEOIMPACT SEEKS EXTENSION OF COMMENT PERIOD FOR PROPOSED RULES GOVERNING FEDERAL CONTRACTOR HIRING OF INDIVIDUALS WITH DISABILITIES

January 3rd, 2012 Patricia Schaeffer Comments off

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.

OFCCP SCHEDULES WEBINARS TO REVIEW PROPOSED SECTION 503 REGULATIONS

December 17th, 2011 Patricia Schaeffer Comments off

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.

OFCCP POSTS NEW FAQS REGARDING PROPOSED RULE ON SECTION 503

December 14th, 2011 Patricia Schaeffer Comments off

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.