AGC Submits Comments on Affirmative Action Obligations Related to Individuals with Disabilities
On September 21, AGC submitted comments to a July 23, 2010, Office of Federal Contract Compliance Programs (OFCCP) Advanced Notice of Proposed Rulemaking. The comments were in response to plans to implement affirmative action and nondiscrimination obligations of contractors and subcontractors, and to evaluate the affirmative action provisions under Section 503 of the Rehabilitation Act.
While AGC agrees that individuals with disabilities must not be discriminated against, AGC's comments addressed the belief that the OFCCP's contemplated broad affirmative action requirement for the recruitment of individuals with disabilities may be difficult to achieve or possibly counterproductive in the construction industry. AGC noted that record unemployment in construction, the unique nature of the construction industry, and the undue burden the additional recordkeeping would place on construction employers may make the new requirements difficult to achieve.
AGC urged the OFCCP to continue to leave the decision to hire to construction employers, and those decisions should be made on a case-by-case basis based on the candidate's ability to perform the essential functions of a particular job safely, with or without a reasonable accommodation.
Read more about the notice here.
For guidance on compliance with OFCCP requirements, visit the AGC Bookstore for AGC's Affirmative Action Manual for Construction.
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