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Client Alert: Lawsuit to Enjoin Portions of OFCCP’s New Disability Regs Fails; Regs Take Effect Today


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By Chase Fisher

On Friday, March 21, 2014, the United States District Court for the District of Columbia rejected challenges to the OFCCP’s revisions to the rules implementing Section 503 of the Rehabilitation Act.  As a result, those revisions took effect on March 24, 2014 (the opinion can be viewed here).  Associated Builders and Contractors (“ABC”) had challenged the revisions that will require construction contractors to meet new data collection and analysis requirements.  The lawsuit was previously addressed in more detail in a blog post here.

The lawsuit was the last hurdle to the OFCCP’s implementation of its new regulations, which apply to all federal contractors and subcontractors.  Under the prior rules, federal construction contractors were held to a less intensive standard for their Section 503 and VEVRAA Affirmative Action Plans due to the project-based, transitory and seasonal nature of their work.  Now, construction contractors will be required to develop and maintain Affirmative Action Plans that are significantly more detailed and data-driven.

The new Section 503 regulations as well as new VEVRAA regulations, which were not challenged, are effective as of the date of this post.  If you have not already begun making the necessary changes, you are already behind schedule.  For any additional questions you may have regarding the upcoming OFCCP changes and necessary compliance, please contact Chase Fisher or Howard Kastrinsky.

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