OFCCP Moves Closer to Finalizing Game-Changing Regulations for Individuals with Disabilities and Veterans

On July 31, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) submitted to the Office of Management and Budget (“OMB”) for approval its final regulations for individuals with disabilities under Section 503 of the Rehabilitation Act. This comes on the heels of OFCCP submitting the final regulations for covered veterans under the Vietnam Era Veterans Readjustment Assistance Act (“VEVRAA”) to OMB on Tuesday. OMB will have sixty (60) days to approve or reject these final regulations.

As we previously reported, if passed in their final form, these regulations will usher in game-changing requirements for federal contractors and subcontractors subject to OFCCP’s jurisdiction. In April 2011, OFCCP released its proposed changes to VEVRAA. Under OFCCP’s proposed changes, contractors would be required to engage in a number of additional recordkeeping and other obligations designed to increase protections for covered veterans. See our prior post for a complete list of the proposed changes under VEVRAA.

In December 2012, OFCCP also released proposed changes to Section 503 of the Rehabilitation Act. The proposed rules contemplate requiring contractors to undertake a number of additional affirmative action obligations for individuals with disabilities, including establishing a seven percent goal in each job group at the contractors’ establishments for disabled individuals. The complete details concerning the proposed changes to Section 503 can be found here.

Now that the new Department of Labor Secretary Perez has finally been confirmed, OFCCP will move very quickly to put these and other backlogged items on its regulatory agenda into action. We will continue to monitor these developments and inform you of any further changes.