OFCCP Issues NPRM for Section 503 - Changes to include Affirmative Action Goals for People with Disabilities

by Robert Newland

The Office of Federal Contract Compliance Programs (OFCCP) is proposing to revise the regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended.

The proposed regulations would:
- Strengthen the affirmative action provisions, detailing specific actions a contractor must take to satisfy its obligations
- Increase the contractor's data collection obligations
- Establish a utilization goal for individuals with disabilities to assist in measuring the effectiveness of the contractor's affirmative action efforts
- Revise the non-discrimination provisions to implement changes necessitated by the passage of the ADA Amendments Act (ADAAA) of 2008

COMMENTS: To be assured of consideration, comments must be received on or before February 7, 2012. Go to www.regualtions.gov (RIN number 1250-AA02) to submit comments.

Affirmative Action Services will provide more comments in the near future.

OFCCP Issues NPRM for Section 503 - Changes to include Affirmative Action Goals for People with Disabilities

The Office of Federal Contract Compliance Programs (OFCCP) is proposing to revise the regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended.

The proposed regulations would:
- Strengthen the affirmative action provisions, detailing specific actions a contractor must take to satisfy its obligations.
- Increase the contractor's data collection obligations
- Establish a utilization goal for individuals with disabilities to assist in measuring the effectiveness of the contractor's affirmative action efforts
- Revise the non-discrimination provisions to implement changes necessitated by the passage of the ADA Amendments Act (ADAAA) of 2008

DATES: To be assured of consideration, comments must be received on or
before February 7, 2012.

ADDRESSES: You may submit comments, identified by RIN number 1250-AA02, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.

FAAP Webinar by the OFCCP

The Office of Federal Contract Compliance Program (OFCCP) has issued a new directive outlining the application and approval procedures for Functional Affirmative Action Program (FAAP) Agreements. Federal contractors and their subcontractors are required to comply with the guidance in the new FAAP Directive which became effective June 14, 2011.

This webinar is designed to provide an overview of the key changes to the FAAP Directive and the procedures for requesting, renewing, modifying and terminating FAAP agreements. The OFCCP Acting FAAP Director, Ms. Nakisha Pugh will conduct the webinar, which will last approximately 1.5 hours long that includes 30 minutes of Q&A opportunities.

Date: Tuesday, August 9, 2011
Time: 2:00 PM - 3:30 PM EDT
After registering you will receive a confirmation email containing information about joining the Webinar.

Space is limited.

Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/872699264

OFCCP Issues New Functional AAP Directive

This directive is effective immediately and outlines the application and approval procedures for FAAP's. Click on this link for the full directive text:
http://www.dol.gov/ofccp/regs/compliance/directives/dir296.pdf

VEVRAA Comment Period Extended

On April 26, 2011, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a notice of proposed rulemaking (NPRM). This NPRM (76 FR 23358) proposes revising regulations implementing the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended.

The original comment period is scheduled to end on Monday, June 27, 2011. After receiving several requests for extensions, OFCCP is extending the comment period for this NPRM for 14 days until Monday, July 11, 2011. This action will provide all interested persons additional time to analyze the issues and provide their comments on the NPRM. Parties interested in commenting can view the NPRM and submit comments by using the Federal eRulemaking Portal www.regulations.gov and referencing RIN 1250-AA00.

OFCCP is publishing a Federal Register notice announcing this two-week extension of the comment period.

OFCCP Ads $3.6 Million to 2012 Budget Proposal

The new budget of $109 million adds $3.6 million to expand efforts to deter, detect, and eliminate worker misclassification - OFCCP will expand its investigative process to include an analysis of workers’ potential misclassification as independent contractors during compliance evaluations.

For a complete version of the budget proposal go to:
http://www.dol.gov/dol/budget/2012/PDF/CBJ-2012-V2-04.pdf

OFCCP Sends CSAL’s (Corporate Scheduling Announcement Letters) by Robert Newland

The OFCCP has sent out the Corporate Scheduling Announcement Letter to federal contractors. According to the agency, the purpose of the CSAL is:

- Provide the contractor's internal EEO staff notice to obtain management support for EEO and self-audit efforts;
- Encourage contractors to take advantage of OFCCP compliance assistance offerings;
- Encourage contractors to focus on self-audit efforts that, if problems are adequately analyzed and corrected, saves OFCCP time/resources when we do an evaluation; and
- Help contractors manage/budget the amount of time required for evaluation activity.

For questions about I-9’s and other OFCCP-related matters call at 800-707-9250, ext. 246, email me at Rnewland@AffirmativeActionServices.com, or visit our website: www.AffirmativeActionServices.com.