Government Proposes Huge Changes For Federal Contractors and Disabled Individuals

Posted by Ryan A. Olson on December 12, 2011

Blog Pic - Wheelchair.jpgOn Friday December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published Proposed Regulations that may dramatically change federal contractors’ and subcontractors’ obligations regarding disabled applicants and employees.  Public comments on the proposed regulations are due by February 7, 2012.

Currently, certain federal contractors and subcontractors must maintain affirmative action and undertake outreach efforts to increase employment of disabled individuals, and allow disabled individuals to voluntarily identify themselves as disabled individuals after receiving a job offer.

The proposed regulations would add to these requirements and would create new obligations for federal contractors and subcontractors (“contractors”), such as:

  • Requiring contractors to invite applicants to self-identify as individuals with disabilities before and after an offer of employment using language prescribed by the OFCCP;

  • Requiring contractors to conduct annual employee surveys to give employees an opportunity to self-identify as an individual with a disability;

  • Requiring contractors to list all employment opportunities with the closest Department of Labor One-Step Career Center, and to enter into agreements with three specified agencies to reach more disabled individuals with job opportunities;

  • Requiring contractors with written affirmative action plans to conduct annual policy reviews that, in part, require the contractor to: (1) identify vacancies and training programs for which disabled individuals were considered, (2) provide written reasons for not selecting the disabled individual for the vacancies and training programs and a description of considered accommodations, and (3) describe the nature and type of accommodations made for disabled individuals who were selected for hire, promotion, or training programs;

  • Requiring a numerical hiring goal for disabled individuals, which may, as presently proposed, be within the range of 4% to 10%; and

  • Requiring certain contractors to develop and implement written procedures for processing requests for reasonable accommodation, and disclose them to all employees.

These proposed changes will dramatically increase contractors’ obligations regarding disabled individuals.  Although it is possible that public comment will persuade the OFCCP to lessen the burden, drastic revisions to the proposed regulations is highly unlikely. 

We will provide an update as soon as these regulations are finalized.

State Shutdown Looms Ahead

Posted by Dennis J. Merley on June 14, 2011

Blog Pic - Empty DeskAs Governor Dayton and the state legislature continue to wrangle over a new state budget, the possibility of a mass shutdown of government services (except for those deemed “essential”) seems very real and immediate.  If this happens, what impact might this have on those of us who operate in the human resources arena in the private sector? 

Judging by Attorney General Lori Swanson's recent filing with Ramsey County District Court, the impact could be huge.  In her petition to keep "essential" services of the government running, Swanson made virtually no mention of the various offices comprising the Department of Employment and Economic Development (DEED), the Department of Labor and Industry (DLI) or the Department of Human Rights (DHR), or the Bureau of Mediation Services (BMS).  The lone exception was for the services of DEED's unemployment insurance office, whose services Swanson called "protected by the procedural due process requirements of the fourteenth amendment."

Swanson did ask the court to appoint a "special master," as happened during a partial state government shutdown in 2005.  The special master is a judge whose sole job is to hear legal arguments over which state services should be essential and then issue rulings.  The judge may determine that portions of DEED, DLI, MDHR and BMS are essential, but it is likely that significant portions of these departments will be shuttered.  For example:

  • DEED: Job placement, training and other related services will likely cease.  Claim and appeal processing for unemployment benefits will almost certainly be affected.

  • DLI: Qualified Rehabilitation Counselors (QRC’s) in the Vocational Rehabilitation Division presumably will likely be laid off, as will those who work with people seeking to become licensed or re-licensed as boiler operators.  Services in the licensing and inspection areas for construction will be curtailed, which will certainly affect work in that industry.

  • DHR: Compliance audits and approvals necessary to bid on or receive awards of government contracts will have to wait and case investigations will almost certainly be suspended.

  • BMS: Mediation and arbitration proceedings will likely be postponed, as well as petitions to certify or decertify bargaining representatives.

No doubt there are many more issues lurking ahead if the budget impasse continues.  We will continue to monitor these developments and keep you apprised.

Department of Human Rights