Monday, December 27, 2010

OBSERVATIONS EEOC and OFCCP Update, December 2010, Presented by ERS Group

OFCCP Seeks to Strengthen Affirmative Action Requirements for People with Disabilities

The OFCCP has expressed its intent to strengthen the affirmative action requirements of federal contractors to employ people with disabilities. It issued an Advanced Notice of Proposed Rulemaking (ANPR) asking for comments on the “range of successful evidence-based practices employers use to recruit, hire, retain and advance” the disabled. The ANPR stated that it was considering adopting measures “similar to those for supply and service contractors” under Executive Order 11246 including numerical measurements. The OFCCP sought public comment on several issues, including the following:

  • “If OFCCP were to require federal contractors to conduct utilization analyses and to establish hiring goals for individuals with disabilities, comparable to the analyses and establishment of goals required under the regulations implementing Executive Order 11246, what data should be examined in order to identify the appropriate availability pool of such individuals for employment?”
  • “Would the establishment of placement goals for individuals with disabilities measurably increase their employment opportunities in the Federal contractor sector? Explain why or why not.”
  • “What experience have Federal contractors had with respect to disability employment goals programs voluntarily undertaken or required by state, local or foreign governments?”

For a complete copy of the ANPR as it appears in the Federal Register, click here.

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