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  1. #1
    Senior Member TomRL's Avatar
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    Lightbulb Mandatory hiring of disabled workers

    The Obama administration is promoting a new rule requiring federal contractors to have a target of 7% of their workers be disabled. An employer will have to certify annually what % of their workforce is disabled. Oh yes, under the ADA, employers are prohibited from asking about disabilities. That creates an interesting problem. Solutions anyone?
    Tom

    "Blessed are the pessimists, for they hath made backups." Exasperated 20:12

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    Senior Member Foolish Old's Avatar
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    Quote Originally Posted by TomRL View Post
    The Obama administration is promoting a new rule requiring federal contractors to have a target of 7% of their workers be disabled. An employer will have to certify annually what % of their workforce is disabled. Oh yes, under the ADA, employers are prohibited from asking about disabilities. That creates an interesting problem. Solutions anyone?
    Voluntary self reporting. Many employment forms currently provide the opportunity to voluntarily self report one's race and also ask if an applicant qualifies for veteran hiring preference.

    One could also ask an applicant if they would like to inform the employer of any adaptations they might require to perform the job tasks should they be the successful applicant.
    Foolish

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  3. #3

    7% of workforces be people with disabilities.

    Please note as quote, "The U.S. Department of Labor is proposing a new rule that would require federal contractors and subcontractors to set a hiring goal of having 7 percent of their workforces be people with disabilities, ..."

    Ti

    http://www.dol.gov/opa/media/press/o...CP20111614.htm

    News Release


    OFCCP News Release: [12/08/2011]
    Contact Name: Laura McGinnis or Mike Trupo
    Phone Number: (202) 693-4653 or x6588
    Release Number: 11-1614-NAT

    US Labor Department seeks to improve job opportunities for Americans with disabilities by setting historic hiring goal for federal contractors and subcontractors

    WASHINGTON — The U.S. Department of Labor is proposing a new rule that would require federal contractors and subcontractors to set a hiring goal of having 7 percent of their workforces be people with disabilities, among other requirements. The department's Office of Federal Contract Compliance Programs invites public comment on this proposal, which will be published in the Dec. 9 edition of the Federal Register.

    OFCCP's proposed rule would strengthen the affirmative action requirements established in Section 503 of the Rehabilitation Act of 1973 obligating federal contractors and subcontractors to ensure equal employment opportunities for qualified workers with disabilities. The proposed regulatory changes detail specific actions contractors must take in the areas of recruitment, training, record keeping and policy dissemination — similar to those that have long been required to promote workplace equality for women and minorities. In addition, the rule would clarify OFCCP's expectations for contractors by providing specific guidance on how to comply with the law.

    "This proposed rule represents one of the most significant advances in protecting the civil rights of workers with disabilities since the passage of the Americans with Disabilities Act," said Secretary of Labor Hilda L. Solis. "President Obama has demonstrated a commitment to people with disabilities. This proposed rule would help federal contractors better fulfill their legal responsibility to hire qualified workers with disabilities."

    Although Section 503 regulations have been in place for decades, the current unemployment rate for people with disabilities is 13 percent, 1 1/2 times the rate of those without disabilities. Even more discouraging, data published last week by the department's Bureau of Labor Statistics show stark disparities facing working-age individuals with disabilities, with 79.2 percent outside the labor force altogether, compared to 30.5 percent of those without disabilities.

    "For nearly 40 years, the rules have said that contractors simply need to make a 'good faith' effort to recruit and hire people with disabilities. Clearly, that's not working," said OFCCP Director Patricia A. Shiu. "Our proposal would define specific goals, require real accountability and provide the clearest possible guidance for employers seeking to comply with the law. What gets measured gets done. And we're in the business of getting things done."

    Establishing a 7 percent hiring goal for the employment of individuals with disabilities would be a tool for contractors to measure the effectiveness of their affirmative action efforts and thereby inform their decision-making. The proposed rule also would enhance data collection and record-keeping requirements — including for documentation and processing of requests for reasonable accommodation — in order to improve accountability. Additionally, it would ensure annual self-reviews of employers' recruitment and outreach efforts, and add a new requirement for contractors to list job openings to increase their pools of qualified applicants.

    To read the notice of proposed rulemaking or submit a comment, visit the federal e-rulemaking portal at http://www.regulations.gov. Comments also can be submitted by mail to Debra Carr, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Room C-3325, 200 Constitution Ave. NW, Washington, D.C. 20210. All comments must be received by Feb. 7, 2012, and should include identification number (RIN) 1250-AA02.

    In addition to Section 503, OFCCP enforces Executive Order 11246 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they take affirmative action and not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251 or visit its website at http://www.dol.gov/ofccp/.
    "We must overcome difficulties rather than being overcome by difficulties."

  4. #4
    Senior Member TomRL's Avatar
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    A goal will become a requirement. Self reporting is interesting, but would be difficult to administer. Many people will ignore any survey and others might be tempted to lie. Who provides the definition of a disability? I'm not positive, but I think it would be illegal to ask an applicant about adaptations. I like the rule's intention, but this will be awkward to implement.
    Tom

    "Blessed are the pessimists, for they hath made backups." Exasperated 20:12

  5. #5
    Senior Member Foolish Old's Avatar
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    Quote Originally Posted by TomRL View Post
    A goal will become a requirement. Self reporting is interesting, but would be difficult to administer. Many people will ignore any survey and others might be tempted to lie. Who provides the definition of a disability? I'm not positive, but I think it would be illegal to ask an applicant about adaptations. I like the rule's intention, but this will be awkward to implement.
    The history of other anti-discrimination efforts would tend to disagree with you that a numeric goal will become a requirement. I'm not sure that it is illegal under the ADA to ask if a person has a disability. It certainly isn't illegal to ask if they are requesting any adaptations or electing to self report a disability. No, the administrative challenge of tracking a disability presents no special problems. It's just another piece of data to track, like age, sex, race (all of which are subject to charges of discrimination). The ADA provides a definition of disability. Doctors provide evidence of disability, just as they do for existing employees who raise disability issues. Many aspects of employment present as "awkward." But that isn't a legitimate excuse to avoid implementing anti-discriminatory hiring policies.

    There is no "mandatory hiring" law.
    Foolish

    "We have met the enemy and he is us."-POGO.

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  6. #6
    If recruitment efforts are designed to specifically target disabled workers, that's one source of data collection.

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    Senior Member TomRL's Avatar
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    I guess I'm skeptical because of my compliance experience over the forty year I have been self employed. I'd be much more favorably impressed if I believed this hiring proposal would accomplish anything. I suspect it will just create another reporting hassle. Hope I'm wrong.
    Tom

    "Blessed are the pessimists, for they hath made backups." Exasperated 20:12

  8. #8
    Senior Member Foolish Old's Avatar
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    Quote Originally Posted by TomRL View Post
    I guess I'm skeptical because of my compliance experience over the forty year I have been self employed. I'd be much more favorably impressed if I believed this hiring proposal would accomplish anything. I suspect it will just create another reporting hassle. Hope I'm wrong.
    Ask yourself if the current level of employment gains of other minorities that have had to fight for their civil rights in the workplace would have been achieved without the help of law.

    Whether you are self employed or work for another entity, if you are disabled, a person of color, a woman, hold religious beliefs (or don't), or any other group that formerly had no legal protection from discriminatory practices, you have been aided by federal civil rights legislation and enforcement.
    Foolish

    "We have met the enemy and he is us."-POGO.

    "I have great faith in fools; self-confidence my friends call it."~Edgar Allan Poe

    "Dream big, you might never wake up!"- Snoop Dogg

  9. #9
    Quote Originally Posted by TomRL View Post
    I guess I'm skeptical because of my compliance experience over the forty year I have been self employed. I'd be much more favorably impressed if I believed this hiring proposal would accomplish anything. I suspect it will just create another reporting hassle. Hope I'm wrong.
    I have to agree with you! Hire someone because they are qualified and willing to do the job. Not because they meet a quota. I felt like in some ways I met a quota for a company I worked for. I had constant pressure on myself to outdo every single task because I didn't want to be precieved that way. I didn't like the pressure of feeling like I had to hire people to meet a quota either. DISLIKE!

    I've met quite a few disabled minded/personality people who would have met the quota far better than I would being a complete para but you can't ask those questions during an interview. How do you know who is disabled and who isn't? Do they have to fit the adaptive equipment category for this reporting? It has a lot more planning before I can see any success with this proposal.
    DFW TEXAS- T-10 since March 20th, 1994

  10. #10
    Quote Originally Posted by offroaderswife View Post
    I have to agree with you! Hire someone because they are qualified and willing to do the job. Not because they meet a quota. I felt like in some ways I met a quota for a company I worked for. I had constant pressure on myself to outdo every single task because I didn't want to be precieved that way. I didn't like the pressure of feeling like I had to hire people to meet a quota either. DISLIKE!

    I've met quite a few disabled minded/personality people who would have met the quota far better than I would being a complete para but you can't ask those questions during an interview. How do you know who is disabled and who isn't? Do they have to fit the adaptive equipment category for this reporting? It has a lot more planning before I can see any success with this proposal.
    Where does it say that potential hires need not be qualified nor be willing to do the job? Any employer with such irresponsible and thoughtless hiring practices is not likely to care about his company and probably won't be around long.

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