Under the U.S. Department of Labor, the Office of Federal Contract Compliance Programs is proposing a new rule in which federal contractors and subcontractors must set a hiring goal of employing disabled people as 7 percent of their work forces, along with other requirements.
According to OFCCP, this rule would strengthen the affirmative action provisions established in Section 503 of the Rehabilitation Act of 1973, which requires federal contractors and subcontractors to provide equal employment opportunities for qualified disabled workers. As part of the proposed regulatory changes, there are detailed, specific actions that contractors must do regarding recruitment, training, record keeping and policy dissemination. These provisions are similar to those that are in place to promote workplace equality for women and minorities. The proposed rule would also outline OFCCP's standards for contractors by stating specific guidance on compliance.
"This proposed rule represents one of the most significant advances in protecting the civil rights of workers with disabilities since the passage of the Americans with Disabilities Act," says Secretary of Labor Hilda L. Solis. "President Obama has demonstrated a commitment to people with disabilities. This proposed rule would help federal contractors better fulfill their legal responsibility to hire qualified workers with disabilities."
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While Section 503 regulations have been standing for decades, today's unemployment rate for people with disabilities is 13 percent, which is one and one-half times the rate of workers without disabilities. Data provided by the department's Bureau of Labor Statistics also show inequalities working-age individuals with disabilities experience, as 79.2 percent of those are completely outside of the labor force, as opposed to 30.5 percent of those without disabilities.
"For nearly 40 years, the rules have said that contractors simply need to make a 'good faith' effort to recruit and hire people with disabilities," says OFCCP Director Patricia A. Shiu. "Clearly, that's not working. Our proposal would define specific goals, require real accountability and provide the clearest possible guidance for employers seeking to comply with the law. What gets measured gets done. And we're in the business of getting things done."
OFCCP says a 7 percent hiring goal would serve as an instrument for contractors to track the effectiveness of their affirmative action efforts, influence their decisions, and enhance data collection and record-keeping requirements to improve accountability. There would also be annual self-reviews of employers' recruitment and outreach efforts as well as a provision that requires contractors to disclose job openings to grow their pools of qualified applicants.
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