More handpicked essays just for you.
Age discrimination in the workplace brief introduction
Age discrimination in the workplace brief introduction
Age discrimination in the workplace brief introduction
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Following a trend by the Federal government to liberalize anti-discrimination laws in favor of employees, the Department of Labor Office of Federal Contract Compliance Programs (“OFCCP”) has proposed regulations that would require employers who wish to keep their contracts (and subcontracts) with the Federal government to attempt to maintain a workforce where 7% of employees are individuals with disabilities. The public comment period for this proposal has just closed, and the OFCCP is now in the process of reviewing respondents’ reactions.
The proposal is a departure from current law in that, for the first time, it imposes a hiring goal on contractors. Currently, Section 503 of the of the Rehabilitation Act of 1973 contains an affirmative action plan but not a quantitative objective. This has been the case since the 1970s. Given the lack of improvement in the unemployment rate of individuals with disabilities, as well as the substantial technological advances that enable more reasonable accommodation of such individuals, the OFCCP concluded that such a goal would
…show more content…
be appropriate. The 7% goal would apply only to contractors that have 50 or more employees and a contract of $50,000 or more.
It would not be satisfied by a single, whole-workforce comparison. This is because a contractor could satisfy such a goal and still conceal discrimination by segregating all employees with disabilities into one or two low-paying jobs. Instead, the goal would be applied to and measured by each job group. The OFCCP is also considering applying a 2% sub-goal for individuals with certain severe disabilities, such as total blindness or missing extremities. Failure to attain a goal would be neither a finding or admission of discrimination, nor would any goal be a ceiling limiting job opportunities for individuals with disabilities or an absolute quota. Nevertheless, failure to reach the goal could result in cancellation of a government contract or inability to win future contracts with the
government. One tricky aspect of the goal is that employers are prohibited under the Americans with Disabilities Act (“ADA”) from making disability-related inquiries prior to employment, with limited exceptions, and are limited in the disability-related inquiries they may make after an offer of employment has been made. The proposal reconciles this by adding a requirement that the contractor invite applicants to self-identify as individuals with disabilities on a voluntary basis, consistent with the ADA. It would retain the requirement that contractors invite self-identification after an offer of employment has been made and before the individual assumes her job responsibilities, and it would also prescribe for the first time the language a contractor should use in its invitation. It further would add a requirement that contractors survey their workforce annually on an anonymous basis regarding disability status. The annual survey would likely be the best measure of compliance with the goal, as people who are already employed and are assured of anonymity are more likely to identify themselves as having a disability than those seeking a job. However, the voluntary nature of all of these inquiries creates the possibility that contractors would have insufficient data to demonstrate they are complying with the target. On the other hand, mandating responses by employees and applicants (which is not in the proposal) would likely violate the ADA and other privacy laws.