Tuesday, January 17, 2012

NELI Webinar Discusses OFCCP's Proposed Section 503 Amendments

The National Employment Law Institute (NELI) conducted an interactive webinar last week where they discussed the OFCCP’s proposed amendments to Section 503 of the Rehabilitation Act of 1973. Many people expressed their opinion of the proposed changes and NELI’s presenters provided guidance on the ramifications and processes for contractors to follow should they wish to submit public comment to the OFCCP.

If you missed the presentation from NELI, the Employment Law Daily has provided an informative summary of NELI’s review:

http://www.employmentlawdaily.com/index.php/news/contrary-to-ofccp-assertions-proposed-hiring-goal-for-individuals-with-disabilities-is-a-quota-says-expert-but-it-would-not-be-unlawful/

"Contrary to OFCCP assertions, proposed hiring goal for individuals with disabilities is a quota, says expert, but it would not be unlawful.

Despite the OFCCP's statements to the contrary, the proposed national utilization goal for individuals with disabilities contained in the OFCCP’s proposal to amend its regulations implementing Section 503 of the Rehabilitation Act of 1973 is a quota. This was stated by OFCCP expert John C. Fox during the NELI webinar about the proposal. He explained, however, that hiring quotas for the disabled are lawful because individuals without disabilities are not a protected class. Disability law expert David K. Fram joined Fox for the January 10 webinar on the OFCCP’s Notice of Proposed RuleMaking (NPRM) that was published in the Federal Register on December 9, 2011 (76 FR 77056-77105)."

[Read the full Employment Law Daily post]

The last day to post comment on the Section 503 amendments is February 7, 2012.