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Legal Alert: OFCCP Set to Publish Revised Disability and Veterans Regulations

Date   Jul 9, 2013

The Office of Federal Contract Compliance Programs (OFCCP) has indicated that it plans to publish final regulations regarding federal contractors' affirmative action and nondiscrimination obligations toward individuals with disabilities and certain protected categories of veterans this month (July 2013). 

Executive Summary:  The Office of Federal Contract Compliance Programs (OFCCP) has indicated that it plans to publish final regulations regarding federal contractors' affirmative action and nondiscrimination obligations toward individuals with disabilities and certain protected categories of veterans this month (July 2013).  The final regulations could impose substantial new and different requirements on federal contractors in these areas.

The OFCCP issued a Notice of Proposed Rulemaking (NPRM) proposing revisions to its regulations under Section 503 of the Rehabilitation Act in December 2011.  In its Spring 2013 Regulatory Agenda the agency announced that it plans to release the final regulations in July 2013.  If the final regulations track the NPRM, they will impose significant additional requirements on the contracting community.  For more information on the NPRM, please see our December 9, 2011 Legal Alert, OFCCP Proposes Changes to Rehabilitation Act Regulations.

The Spring 2013 Regulatory Agenda also indicates the OFCCP plans to release final regulations under the Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA).  The agency issued a NPRM on these regulations in April 2011.  These proposed regulations also would impose significant additional requirements on federal contractors.  For a discussion of the NPRM, please see our May 2, 2011 Legal Alert, OFCCP Publishes Proposed Veteran Regulations.

The Bottom Line:  The contracting community should be prepared for significant additional affirmative action and nondiscrimination obligations, including expanded protection of disabled individuals and protected veterans, as well as additional data collection and tracking obligations.  We will provide a detailed analysis of the new regulations when they are released, and will also conduct informational webinars. 

If you have any questions regarding these developments, please contact Linda Cavanna-Wilk, lcavanna-wilk@fordharrison.com, who is a member of FordHarrison's Affirmative Action/Government Contracts Practice Group, or the FordHarrison attorney with whom you usually work.