Monday, December 7, 2009

Department of Labor's Regulatory Agenda Includes Changes to Veterans', Disabled and Construction Regulations

The Fall regulatory agenda released by the U.S. Department of Labor includes changes to regulations requiring affirmative action by federal contractors on behalf of veterans and persons with disabilities. The federal construction contractor regulations would also be amended according to this announcement.

Changes to the regulations implementing the Vietnam Era Veterans Readjustment Assistance Act of 1974 will require "federal contractors and subcontractors conduct more substantive analyses of recruitment and placement actions taken under VEVRAA and would require the use of numerical targets to measure the effectiveness of affirmative action efforts." This would constitute a major change in the regulations, which have not required numerical goals to measure the effectiveness of affirmative action programs benefiting veterans. The notice states that there would be changes to the recordkeeping provisions of the regulation as well. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1215-AB80

An Advanced Notice of Proposed Rulemaking for Section 503 of the Rehabilitation Act of 1973 indicates that DOL/OFCCP would issue rules to require more substantive analyses of the recruitment and placement efforts of persons with disabilities as well. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1215-AB77

The regulations governing the affirmative action requirements of construction contractors have not been changed since the 1970s. In this fall agenda, the department proposes to update the requirements for construction contractors, presumably including the goals for women and minorities. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1215-AB81

All of these announcements are determined to be long term actions and have no deadlines attached. The public should monitor future announcements for an opportunity to comment on these regulatory proposals.

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