Human Resource & Labor News
www.agc.orgOctober 14, 2010 / Issue No. 5-10
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On the Inside
Labor Relations
Year-to-Date Collective Bargaining Results in Low and No Increases in Wages and Fringe Benefits
NLRB Issues Unfavorable Decisions Finding Union Bannering Lawful
Open-Shop Contractors' Applicant Referral Program Ruled Unlawful
AGC Continues to Educate Federal Agencies About the Perils of Mandating PLAs
Employment Law
Employers Using E-Verify Must Now Match Passport Photos with Government Photos
AGC Submits Comments on Affirmative Action Obligations Related to Individuals with Disabilities
HR Professional Development
Limited Space Still Available for Next Week's HR Professionals and Training & Development Conferences
AGC Debuts NEW Davis-Bacon Compliance Manual with Two-Day Compliance Webinar
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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