Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities

The Office of Federal Contract Compliance Programs of the Department of Labor (OFCCP) is revising the regulations implementing section 503 of the Rehabilitation Act of 1973, as amended (section 503 or the act), which requires Government contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities. The final rule makes three general types of revisions to the section 503 regulations. First, the regulations' nondiscrimination provisions generally are conformed to the regulations published by the Equal Employment Opportunity Commission (EEOC) implementing title I of the Americans with Disabilities Act of 1990 (ADA). Second, the regulations incorporate recent amendments to section 503. Third, the regulations are revised to strengthen and clarify various existing provisions relating to affirmative action, recordkeeping, enforcement and other issues. In addition, the term ``Director'' that appears in the current regulations and the previous proposal has been replaced throughout the final rule with the term ``Deputy Assistant Secretary.'' The final rule partially withdraws a final rule published by the Department of Labor on December 30, 1980 (which was subsequently suspended) concerning section 503, Executive Order 11246 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended. The withdrawal applies only to those provisions of the rule which pertain to section 503.