On Feb. 7, the Office of Federal Contract Compliance Programs (OFCCP) extended the deadline for interested parties to comment on the Notice of Proposed Rulemaking (NPRM) to revise the regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended. The original comment deadline was Feb. 7. In a press release about the extension, OFCCP stated that “after receiving several requests for extensions, OFCCP is extending the comment period for this NPRM for 14 days until Tuesday, Feb. 21, 2012.”
On Dec. 22, 2011, AGC asked OFCCP to extend the comment deadline by 60 days in light of the many important issues addressed by the proposal and the economic interests at stake. AGC’s letter also stated that an extension would allow interested parties to provide thoughtful comments. The request was denied. In a second attempt, AGC submitted a follow-up letter to U.S. Department of Labor Secretary Hilda Solis regarding AGC’s disappointment with the denial of the original request, asking again for a 60-day extension of the comment period. AGC’s second letter states that “if OFCCP is indeed interested in receiving meaningful feedback and data regarding the proposed rule regarding the affirmative action and non-discrimination obligations of contractors, then AGC, again, respectfully requests that the OFCCP extend the public comment period for a minimum of 60 days.” While a 60-day extension was not approved, OFCCP extended the comment deadline by 14 days.
The changes proposed in the NPRM are significant, and if implemented, would increase the obligations of direct federal contractors and their subcontractors regarding individuals with disabilities. This regulation would not affect federally-assisted contractors. While AGC agrees that individuals with disabilities must not be discriminated against, these changes would place significant administrative and cost burdens on federal construction contractors.
AGC is preparing comments on behalf of the industry. However, AGC members and chapters are encouraged to submit comment letters independently opposing the implementation of these proposed regulations, specifically asking OFCCP to exempt the construction industry from the requirements of the proposed rule through the AGC Legislative Action Center. A sample editable letter is provided for convenience. All comments must be submitted by Feb. 21, 2012.
For a summary of the proposed rule, click here.
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