Implications of the Proposed Changes to Section 503

The OFCCP is proposing to revise the regulations of Section 503 of the Rehabilitation Act. Section 503 prohibits federal contractors and subcontractors from discriminating on the basis of disability, and requires affirmative action on behalf of qualified individuals with disabilities.

The proposed regulations outline the specific actions a contractor must take regarding recruiting, training, record-keeping and policy dissemination. Under the proposed regulations, contractors would be required to develop and maintain specific data sets relating to individuals with disabilities. Finally, the proposed regulations establish a utilization goal for individuals with disabilities.

According to Secretary of Labor Hilda Solis, "this proposed rule represents one of the most significant advances in protecting the civil rights of workers with disabilities since the passable of the Americans with Disabilities Act."

In this installment, we talk about the proposed revisions to Section 503 with Leigh Nason. Ms. Nason is a shareholder in the Columbia, South Carolina office of Ogletree Deakins, and she chairs the firm's Affirmative Action and OFCCP Compliance Practice Group.