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GAO-14-167R 1 (2013-11-07)

handle is hein.gao/gaobadpwf0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-325263 November 7, 2013 The Honorable Tom Harkin Chairman The Honorable Lamar Alexander Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Darrell E. Issa Chairman The Honorable Elijah Cummings Ranking Member Committee on Oversight and Government Reform House of Representatives Subject: Department of Labor, Office of Federal Contract Compliance Programs: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) entitled Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities (RIN: 1250-AA02). We received the rule on October 28, 2013. It was published in the Federal Register as a final rule on September 24, 2013, with an effective date of March 24, 2014. 78 Fed. Reg. 58,682. The final rule revises the current regulations implementing the nondiscrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended. Section 503 prohibits discrimination by covered federal contractors and subcontractors against individuals on the basis of disability and requires affirmative action on behalf of qualified individuals with disabilities. The final rule adopts several key revisions proposed in the notice of proposed rulemaking. The final rule strengthens the affirmative action provisions by, among other things, requiring data collection pertaining to applicants and hires with disabilities and establishing a utilization goal for individuals with disabilities to assist in measuring the effectiveness of the contractor's affirmative action efforts. However, some of the proposals in the notice of proposed rulemaking (NPRM), particularly with regard to the creation and maintenance of certain records and the conduct of certain affirmative action obligations, have been eliminated or made more flexible in order to reduce the compliance burden on contractors. To implement changes necessitated by the passage of the ADA Amendments Act (ADAAA) of 2008, the final rule also adopts revisions to the definitions and to the nondiscrimination provisions of the implementing regulations. The specific revisions made, and the rationale for making them, are set forth in the final rule. GAO-14-167R

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