In April of 2011, OFCCP published proposed revisions to its regulations regarding veterans. In December of 2011, the agency published proposed revisions to its regulations regarding persons with disabilities, many of which paralleled the proposals regarding veterans. While OFCCP has announced various dates when it expected to publish final versions of these regulations, these dates have come and gone without a release of the new regulations.
In its regulatory agenda from December of 2012, the Department of Labor indicated that OFCCP's proposals regarding veterans and persons with disabilities would be issued in final form in June of 2013. As we have now reached the end of June, it seems unlikely OFCCP is going to make this timeframe. Whether we will ever see a final version of these revised regulations remains up in the air. Some people have speculated that these regulations may be issued in fall, while others have suggested that we may see the regulations towards the end of the year. Frankly, we're not entirely convinced a final version of these regulations will ever make an appearance.
It's unclear exactly why these proposed revisions (or the agency's proposed revisions to its scheduling letter and the accompanying itemized listing that were published in September of 2011) continue to languish. It is possible there continues to be some concern at the Office of Management and Budget (OMB) about the possible cost of these proposals to federal contractors and subcontractors. OFCCP may also be hesitant to release final regulations without first having a Secretary of Labor in place. (While Secretary of Labor nominee Thomas Perez has been approved by the Senate Health, Education, and Labor committee, his nomination has not yet advanced to the senate floor.)
Regardless of the reasons for the delay, OFCCP continues to focus on issues concerning veterans and persons with disabilities during compliance reviews. In fact, the agency seems to be implementing some components of these proposed regulations already. For example, OFCCP compliance officers routinely request extensive information on accommodations for persons with disabilities and routinely ask for numbers of veterans and persons with disabilities among recent hires during compliance reviews.
To see copies of the proposed changes to the regulations regarding veterans and persons with disabilities as well as a copy of the Department of Labor's regulatory agenda from December of 2012, visit the documents page on our website.
No comments:
Post a Comment