The Kullman Firm Comments On Proposed DOL Regulations Regarding Affirmative Action for the Disabled
The OFCCP has proposed regulations which would dramatically expand the obligations of federal contractors and subcontractors towards individuals with disabilities. On February 1, 2012, The Kullman Firm submitted comments to the OFCCP regarding their newly proposed regulations.
New National Defense Authorization Act Affects Some Medical Providers’ Status with OFCCP
The National Defense Authorization Act (“NDAA”), signed by President Barack Obama on December 31, 2011 exempts from Office of Federal Contract Compliance Programs (OFCCP) jurisdiction those medical providers who participate in the Department of Defense (DoD) TRICARE program, DoD’s health care program for active and retired military personnel. This legislation is intended to overturn a 2010 U.S. Department of Labor administrative law judge’s ruling that a Florida hospital providing medical services on behalf of a federal contractor that had contracted with the DoD to establish a medical provider network for DoD TRICARE beneficiaries was a covered federal subcontractor subject to OFCCP jurisdiction. Thus, under the NDAA, medical providers that participate solely in the TRICARE program will no longer be deemed federal subcontractors subject to OFCCP jurisdiction.
OFCCP Proposes New 7% Hiring Goal for Individuals with Disabilities
On December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a proposed new rule that would require federal contractors and subcontractors to set a hiring goal of having seven percent (7%) of their workforces be comprised of individuals with disabilities. The proposed rule incorporates the expanded definition of “disability” under the final regulations to the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) and imposes major new requirements for applicant self-identification, data collection and recordkeeping, written reasonable accommodation request procedures, and increased recruitment efforts.
Third Time’s a Charm: Continued Technology Issues Extend 2011 VETS-100/100A Filing to January 15
The U.S. Department of Labor has again extended the filing deadline for the 2011 VETS-100/100A reports because technology issues continue to plague the electronic filing system used by federal contractors to submit the compulsory reports. The filing deadline is now January 15, 2012. This is the third extension of the 2011 filing deadline caused by technical problems.
Congress Grants Relief To TRICARE Providers
In a move aimed to divest the Office of Federal Contract Compliance Programs of jurisdiction over hundreds of potential federal subcontractors, Congress passed Section 715 of the National Defense Authorization Act on December 15, 2011, and President Obama signed it into law on December 31, 2011. This portion of the NDAA provides as follows:
Legal Alert: VETS 100/VETS 100A Report Filing Deadline Extended to January 15, 2012
The Department of Labor's Veterans' Employment and Training Services Division (VETS) has again extended the deadline for applicable federal contractors to file a VETS 100/VETS 100A report. VETS recently issued a special announcement on its website indicating that the filing deadline had been extended from December 30, 2011 to January 15, 2012. The special announcement states that after January 15, 2012, VETS-100/VETS-100A applications will be removed from public service until further notice.
Another Federal Contractor Hiring Quota? Say It Ain't So!!
Just several months after the Office of Federal Contract Compliance Programs (OFCCP) issued a notice of proposed rulemaking (NPRM) that sought significant revisions to the regulations implementing the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of 1974, the OFCCP issued another NPRM. This new NPRM will drastically affect federal contractors' affirmative action obligations to individuals with disabilities. The most significant revisions are discussed briefly below.
OFCCP Issues New Wave of Corporate Scheduling Announcement Letters
The Office of Federal Contract Compliance Programs (OFCCP) has sent out a new round of Corporate Scheduling Announcement Letters (CSALs) to federal contractors with establishments slated for compliance review during OFCCP’s current fiscal year, ending September 30, 2012. The CSALs provide employers advance notice of the locations slated for OFCCP audit. Departing from past practice, it appears OFCCP has addressed the letters to the individual who certified the employer’s EEO-1 report filing, rather than the “Chief Executive Officer” or other designated point of contact.
House and Senate Overrule OFCCP on TRICARE Subcontractors
TRICARE is the federal government’s healthcare program for active duty and retired military members and their families. For many years, healthcare systems reasonably assumed that their subcontracts to provide services or benefits to federal employees under TRICARE would not invoke the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP), and thus would not mandate federal equal employment and affirmative action obligations.
OFCCP’s Proposed Revisions to Regs Require Increased Obligations and Affirmative Action Regarding Disabled Individuals
Section 503 of the Rehabilitation act of 1973, as amended (“Section 503”), prohibits employment discrimination by federal government contractor and subcontractor employers against individuals with disabilities. It also includes affirmative action provisions that relate to both hiring and advancement of disabled individuals by those same employers. The provisions of Section 503 apply to government contractors with contracts/subcontracts of over $10,000 for the purchase, sale, or use of personal property or non-personal services, specifically including construction services. Contractors/subcontractors that have a contract/subcontract of at least $50,000 and at least 50 employees are required to prepare and maintain an Affirmative Action Program (AAP) to document efforts to comply with Section 503.
