Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Affirmative Action Provisions Under Section 503 of the Rehabilitation Act, as Amended, 43116-43118 [2010-18104]
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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
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VerDate Mar<15>2010
15:12 Jul 22, 2010
Jkt 220001
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pollution control, Water supply.
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9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
Dated: July 12, 2010.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010–17779 Filed 7–22–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF LABOR
Office of Federal Contract Compliance
Programs
41 CFR Part 60–741
RIN 1250–AA02
Affirmative Action and
Nondiscrimination Obligations of
Contractors and Subcontractors;
Evaluation of Affirmative Action
Provisions Under Section 503 of the
Rehabilitation Act, as Amended
Office of Federal Contract
Compliance Programs, Labor.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
The Office of Federal Contract
Compliance Programs (OFCCP) is
issuing this Advance Notice of Proposed
Rulemaking (ANPRM) in order to invite
the public to provide input on how
OFCCP can strengthen the affirmative
SUMMARY:
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Fmt 4702
Sfmt 4702
action requirements of the regulations
implementing section 503 of the
Rehabilitation Act of 1973, as amended
(Section 503). Strengthening affirmative
action requirements will help increase
the employment opportunities of people
with disabilities in the Federal
contractor sector.
DATES: All comments must be received
on or before September 21, 2010.
ADDRESSES: You may submit comments,
identified by RIN number 1250–AA02,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail and Hand Delivery/Courier:
Barbara J. Bingham, Acting Director,
Division of Policy, Planning, and
Program Development, Office of Federal
Contract Compliance Programs, Room
N3422, 200 Constitution Avenue, NW.,
Washington, DC 20210.
Receipt of submissions will not be
acknowledged; however, the sender may
request confirmation that a submission
has been received by telephoning
OFCCP at (202) 693–0102 (voice) or
(202) 693–1337 (TTY) (these are not tollfree numbers).
All comments received, including any
personal information provided, will be
available Online at https://
www.regulations.gov and for public
inspection during normal business
hours at Room C–3325, 200 Constitution
Avenue, NW., Washington, DC 20210.
People needing assistance to review
comments will be provided with
appropriate aids such as readers or print
magnifiers. Copies of this Advance
Notice of Proposed Rulemaking will be
made available in the following formats:
Large print, Braille, electronic file on
computer disk, and audiotape. To
schedule an appointment to review the
comments and/or to obtain this
Advance Notice of Proposed
Rulemaking in an alternate format,
contact OFCCP at the telephone
numbers or address listed above.
FOR FURTHER INFORMATION CONTACT:
Barbara J. Bingham, Acting Director,
Division of Policy, Planning and
Program Development, Office of Federal
Contract Compliance Programs, 200
Constitution Avenue, NW., Room
N3422, Washington, DC 20210.
Telephone: (202) 693–0102 (voice) or
(202) 693–1337 (TTY).
SUPPLEMENTARY INFORMATION: Federal
contractors covered by section 503 of
the Rehabilitation Act of 1973, as
amended (Section 503) 1 are obligated to
1 Covered contracts or subcontracts include those
that exceed $10,000, and contracts or subcontracts
for indefinite quantities, unless the purchaser has
E:\FR\FM\23JYP1.SGM
23JYP1
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules
ensure equal employment opportunity
for people with disabilities. In addition,
Section 503 requires Federal contractors
to take affirmative action to employ and
advance in employment individuals
with disabilities. The existing Section
503 regulations require that covered
contractors:
(1) Employ nondiscriminatory
employment practices;
(2) Provide reasonable
accommodations to qualified job
applicants and employees with
disabilities;
(3) After a job offer is extended but
before employment begins, invite job
applicants to voluntarily and
confidentially self-identify as to
whether or not they have a disability in
order to benefit from any affirmative
action programs covered contractors
may have;
(4) Maintain personnel and
employment records; and
(5) For those contractors and
subcontractors with 50 or more
employees and a contract of $50,000 or
more, develop and maintain a written
affirmative action program (AAP).
Further information about the current
Section 503 regulatory requirements
may be found at https://www.dol.gov/
ofccp/regs/compliance/ca_503.htm.
Section 503 regulations promote equal
employment opportunity for applicants
and employees with disabilities, yet the
percentage of people with disabilities
not in the labor force as well as the
unemployment rate of people with
disabilities are high. According to recent
data from the U.S. Department of
Labor’s Bureau of Labor Statistics, the
percentage of people with disabilities in
the labor force in March 2010 was 22.5
compared with 70.2 for persons with no
disability. The unemployment rate for
those with disabilities was 13.9 percent,
compared with 10.1 percent for persons
with no disability, not seasonally
adjusted. Regulations implementing
Section 503 have not undergone a
comprehensive review and revision
since May 1, 1996. It is time for OFCCP
to reexamine its affirmative action
provisions under Section 503 to make
them more effective and to help ensure
that more people with disabilities are
employed and are given the opportunity
to advance in employment in the
Federal contracting labor force.
Determining how covered contractors
can effectively increase employment
opportunities for people with
disabilities requires an understanding of
the range of successful evidence-based
practices employers use to recruit, hire,
reason to believe that the cost in any one year will
not exceed $10,000.
VerDate Mar<15>2010
15:12 Jul 22, 2010
Jkt 220001
retain, and advance people with
disabilities in employment. Among the
key factors in measuring progress in this
area is the existence of current and
discrete statistical information that is
valid and reliable. In an effort to
enhance the affirmative action
provisions under Section 503, OFCCP is
considering adopting measures similar
to those required under the Executive
Order 11246 program for supply and
service contractors. Under that program,
covered contractors are required, among
other things, to compare the percentage
of women and minorities in each job
group at an establishment with the
availability of women and minorities to
work in the job group. Availability is a
percentage estimate of those women and
minorities who are qualified for
employment in the job group within the
relevant recruitment area. Contractors
typically rely on Census Bureau data,
state employment service data, and
college graduation data in developing
their availability factors.
Before publishing a proposed
regulation, OFCCP seeks comments
from members of the public on the
issues under consideration to assist with
making informed decisions regarding
proposed regulatory changes. As a first
step towards this goal, OFCCP
conducted a Web based listening
session and three Town Hall listening
sessions in Chicago, San Francisco and
New Orleans offering information on
how interested stakeholders could
participate in the official rulemaking
process, and providing an opportunity
for stakeholders to offer suggestions and
recommendations for strengthening the
equal employment opportunity and
affirmative action requirements of
Section 503. In developing a notice of
proposed rulemaking to amend the
Section 503 regulations, OFCCP will
consider comments elicited in those
listening sessions and information
provided in response to this ANPRM.
The second step towards publishing a
notice of proposed rulemaking is to
request comments and data from the
public on the following issues.
Request for Comments
OFCCP is seeking public comment on
the following inquiries:
1. How can the affirmative action
requirements of Section 503 be
strengthened to measurably increase
employment opportunities of covered
contractors for individuals with
disabilities? If available, include
examples or information illustrating the
effectiveness of the suggested new
requirements.
2. What measures have contractors
and subcontractors taken to fulfill the
PO 00000
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Sfmt 4702
43117
current affirmative action requirements
of Section 503? How much did these
measures cost?
3. What barriers currently impede
Federal contractors from hiring people
with disabilities?
4. Are there changes that could be
made to the existing language on
permissible qualifications standards 2
that would better ensure equal
employment opportunities for
individuals with disabilities?
5. If OFCCP were to require Federal
contractors to conduct utilization
analyses and to establish hiring goals for
individuals with disabilities,
comparable to the analyses and
establishment of goals required under
the regulations implementing Executive
Order 11246, what data should be
examined in order to identify the
appropriate availability pool of such
individuals for employment?
6. Would the establishment of
placement goals for individuals with
disabilities measurably increase their
employment opportunities in the
Federal contractor sector? Explain why
or why not.
7. What experience have Federal
contractors had with respect to
disability employment goals programs
voluntarily undertaken or required by
state, local or foreign governments?
8. What specific employment
practices have been verifiably effective
in recruiting, hiring, advancing, and
retaining individuals with disabilities?
9. To what extent does workplace
flexibility, including flexibility in work
schedules, as well as job-protected
leave, impact recruitment and retention
of individuals with disabilities?
10. Has training of employees and/or
managers been effective in increasing
advancement and/or retention of
individuals with disabilities? If so, how?
11. Federal contractors are required to
invite all job applicants to voluntarily
and confidentially identify their race
and gender pre-offer. The collection of
this information allows contractors to
monitor the impact of their employment
practices by race and gender and to
assess progress in meeting their
affirmative action goals. Existing
Section 503 regulations require
contractors to invite applicants to
voluntarily and confidentially selfidentify as a person with a disability
after making an offer of employment but
before the applicant begins
employment. (See 41 CFR 60–741.42(a).)
Would amending the Section 503
2 41 CFR 60–741.44b & c—Required contents of
affirmative action programs. To view, go to
https://www.dol.gov/dol/allcfr/Title_41/
Part_60-741/41CFR60-741.44.htm.
E:\FR\FM\23JYP1.SGM
23JYP1
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules
regulations to require contractors to
invite all applicants to voluntarily and
confidentially self-identify if they have
a disability prior to an offer of
employment enhance a federal
contractor’s ability to more effectively
monitor their hiring practices with
respect to applicants with disabilities?
Note that a Section 503 regulation
requiring contractors to invite voluntary
and confidential self-identification as an
applicant with a disability pre-offer for
affirmative action purposes would not
violate the Americans with Disabilities
Act. 29 CFR 1630.15(e); Enforcement
Guidance: Preemployment DisabilityRelated Questions and Medical
Examinations (EEOC Notice Number
915.002, October 10, 1995).
12. How can linkage agreements
between Federal contractors and
organizations that focus on the
employment of individuals with
disabilities be strengthened to increase
effectiveness? Do linkage agreements
have better outcomes when higher level
company officials are responsible for
their implementation/execution?
Include examples of cooperative
agreements between employers and
disability or community recruitment
organizations that have been helpful in
hiring persons with disabilities.
13. What impact would result from
requiring that Federal contractors and
subcontractors make information and
communication technology used by job
applicants in the job application
process, and by employees in
connection with their employment fully
accessible and usable by individuals
with disabilities? 3 What are the specific
costs and/or benefits that might result
from this requirement?
14. What other specific changes to the
Section 503 regulations might improve
the recruitment, hiring, retention, and
advancement of individuals with
disabilities by Federal contractors?
15. Regulatory Flexibility Act—
Consistent with the Regulatory
Flexibility Act, the Department must
consider the impacts of any proposed
rule on small entities, including small
businesses, small nonprofit
organizations and small governmental
jurisdictions with populations under
50,000. In response to this ANPRM, the
Department encourages small entities to
provide data on how additional
3 For example, requiring that contractors ensure
that application and testing kiosks are fully
accessible and usable by individuals with
disabilities, and that contractors strive to ensure
that their Internet and Intranet Web sites satisfy the
United States Access Board’s accessibility standards
for technology used by the Federal Government and
subject to section 508 of the Rehabilitation Act.
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15:12 Jul 22, 2010
Jkt 220001
requirements under Section 503 may
impact them.
16. OFCCP seeks public comment on
the types of small entities and any
estimates of the numbers of small
entities that may be impacted by this
rule.
17. OFCCP seeks public comment on
the potential costs of additional 503
requirements on small entities.
18. OFCCP seeks public comment on
any possible alternatives to the
proposed measures that would allow the
agency to achieve their regulatory
objectives while minimizing any
adverse impact to small businesses.
OFCCP encourages any interested party
to comment on these questions.
Patricia A. Shiu,
Director, Office of Federal Contract
Compliance Programs.
[FR Doc. 2010–18104 Filed 7–22–10; 8:45 am]
BILLING CODE 4510–CM–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0912021424–0287–02]
RIN 0648–AY42
Fisheries of the Exclusive Economic
Zone Off Alaska; Gulf of Alaska
License Limitation Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 86 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska. This
proposed action would add a Pacific
cod endorsement on licenses issued
under the License Limitation Program
(LLP) in specific management areas if
those licenses have been used on vessels
that met minimum recent landing
requirements using non-trawl gear,
commonly known as fixed gear. This
proposed action would exempt vessels
that use jig gear from the requirement to
hold an LLP license, modify the
maximum length designation on a
specific set of fixed gear licenses, and
allow entities representing specific
communities to receive a limited
number of fixed-gear licenses with
Pacific cod endorsements. This
proposed action is intended to promote
SUMMARY:
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Fmt 4702
Sfmt 4702
the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
Fishery Management Plan, and other
applicable law.
DATES: Comments must be received no
later than September 7, 2010.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by ‘‘0648–AY42’’,
by any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal Web site at
https://www.regulations.gov.
• Mail: P.O. Box 21668, Juneau, AK
99802.
• Fax: 907–586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in required fields
if you wish to remain anonymous).
Attachments to electronic comments
will be accepted in Microsoft Word,
Excel, WordPerfect, or Adobe portable
document file (pdf) formats only.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule may
be submitted to NMFS at the above
address, e-mailed to
David_Rostker@omb.eop.gov, or faxed to
202–395–7285.
Copies of Amendment 86, the
Environmental Assessment (EA),
Regulatory Impact Review (RIR), and the
Initial Regulatory Flexibility Analysis
(IRFA) for this action are available from
the Alaska Region Web site at https://
www.alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Glenn Merrill, 907–586–7228.
SUPPLEMENTARY INFORMATION:
Background on the License Limitation
Program
National Marine Fisheries Service
(NMFS) manages the groundfish
fisheries in the exclusive economic zone
(EEZ) of the Bering Sea and Aleutian
Islands Management Area (BSAI) and
the Gulf of Alaska (GOA) under the
E:\FR\FM\23JYP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Proposed Rules]
[Pages 43116-43118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18104]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
41 CFR Part 60-741
RIN 1250-AA02
Affirmative Action and Nondiscrimination Obligations of
Contractors and Subcontractors; Evaluation of Affirmative Action
Provisions Under Section 503 of the Rehabilitation Act, as Amended
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is
issuing this Advance Notice of Proposed Rulemaking (ANPRM) in order to
invite the public to provide input on how OFCCP can strengthen the
affirmative action requirements of the regulations implementing section
503 of the Rehabilitation Act of 1973, as amended (Section 503).
Strengthening affirmative action requirements will help increase the
employment opportunities of people with disabilities in the Federal
contractor sector.
DATES: All comments must be received on or before September 21, 2010.
ADDRESSES: You may submit comments, identified by RIN number 1250-AA02,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail and Hand Delivery/Courier: Barbara J. Bingham, Acting
Director, Division of Policy, Planning, and Program Development, Office
of Federal Contract Compliance Programs, Room N3422, 200 Constitution
Avenue, NW., Washington, DC 20210.
Receipt of submissions will not be acknowledged; however, the
sender may request confirmation that a submission has been received by
telephoning OFCCP at (202) 693-0102 (voice) or (202) 693-1337 (TTY)
(these are not toll-free numbers).
All comments received, including any personal information provided,
will be available Online at https://www.regulations.gov and for public
inspection during normal business hours at Room C-3325, 200
Constitution Avenue, NW., Washington, DC 20210. People needing
assistance to review comments will be provided with appropriate aids
such as readers or print magnifiers. Copies of this Advance Notice of
Proposed Rulemaking will be made available in the following formats:
Large print, Braille, electronic file on computer disk, and audiotape.
To schedule an appointment to review the comments and/or to obtain this
Advance Notice of Proposed Rulemaking in an alternate format, contact
OFCCP at the telephone numbers or address listed above.
FOR FURTHER INFORMATION CONTACT: Barbara J. Bingham, Acting Director,
Division of Policy, Planning and Program Development, Office of Federal
Contract Compliance Programs, 200 Constitution Avenue, NW., Room N3422,
Washington, DC 20210. Telephone: (202) 693-0102 (voice) or (202) 693-
1337 (TTY).
SUPPLEMENTARY INFORMATION: Federal contractors covered by section 503
of the Rehabilitation Act of 1973, as amended (Section 503) \1\ are
obligated to
[[Page 43117]]
ensure equal employment opportunity for people with disabilities. In
addition, Section 503 requires Federal contractors to take affirmative
action to employ and advance in employment individuals with
disabilities. The existing Section 503 regulations require that covered
contractors:
---------------------------------------------------------------------------
\1\ Covered contracts or subcontracts include those that exceed
$10,000, and contracts or subcontracts for indefinite quantities,
unless the purchaser has reason to believe that the cost in any one
year will not exceed $10,000.
---------------------------------------------------------------------------
(1) Employ nondiscriminatory employment practices;
(2) Provide reasonable accommodations to qualified job applicants
and employees with disabilities;
(3) After a job offer is extended but before employment begins,
invite job applicants to voluntarily and confidentially self-identify
as to whether or not they have a disability in order to benefit from
any affirmative action programs covered contractors may have;
(4) Maintain personnel and employment records; and
(5) For those contractors and subcontractors with 50 or more
employees and a contract of $50,000 or more, develop and maintain a
written affirmative action program (AAP). Further information about the
current Section 503 regulatory requirements may be found at https://www.dol.gov/ofccp/regs/compliance/ca_503.htm.
Section 503 regulations promote equal employment opportunity for
applicants and employees with disabilities, yet the percentage of
people with disabilities not in the labor force as well as the
unemployment rate of people with disabilities are high. According to
recent data from the U.S. Department of Labor's Bureau of Labor
Statistics, the percentage of people with disabilities in the labor
force in March 2010 was 22.5 compared with 70.2 for persons with no
disability. The unemployment rate for those with disabilities was 13.9
percent, compared with 10.1 percent for persons with no disability, not
seasonally adjusted. Regulations implementing Section 503 have not
undergone a comprehensive review and revision since May 1, 1996. It is
time for OFCCP to reexamine its affirmative action provisions under
Section 503 to make them more effective and to help ensure that more
people with disabilities are employed and are given the opportunity to
advance in employment in the Federal contracting labor force.
Determining how covered contractors can effectively increase
employment opportunities for people with disabilities requires an
understanding of the range of successful evidence-based practices
employers use to recruit, hire, retain, and advance people with
disabilities in employment. Among the key factors in measuring progress
in this area is the existence of current and discrete statistical
information that is valid and reliable. In an effort to enhance the
affirmative action provisions under Section 503, OFCCP is considering
adopting measures similar to those required under the Executive Order
11246 program for supply and service contractors. Under that program,
covered contractors are required, among other things, to compare the
percentage of women and minorities in each job group at an
establishment with the availability of women and minorities to work in
the job group. Availability is a percentage estimate of those women and
minorities who are qualified for employment in the job group within the
relevant recruitment area. Contractors typically rely on Census Bureau
data, state employment service data, and college graduation data in
developing their availability factors.
Before publishing a proposed regulation, OFCCP seeks comments from
members of the public on the issues under consideration to assist with
making informed decisions regarding proposed regulatory changes. As a
first step towards this goal, OFCCP conducted a Web based listening
session and three Town Hall listening sessions in Chicago, San
Francisco and New Orleans offering information on how interested
stakeholders could participate in the official rulemaking process, and
providing an opportunity for stakeholders to offer suggestions and
recommendations for strengthening the equal employment opportunity and
affirmative action requirements of Section 503. In developing a notice
of proposed rulemaking to amend the Section 503 regulations, OFCCP will
consider comments elicited in those listening sessions and information
provided in response to this ANPRM.
The second step towards publishing a notice of proposed rulemaking
is to request comments and data from the public on the following
issues.
Request for Comments
OFCCP is seeking public comment on the following inquiries:
1. How can the affirmative action requirements of Section 503 be
strengthened to measurably increase employment opportunities of covered
contractors for individuals with disabilities? If available, include
examples or information illustrating the effectiveness of the suggested
new requirements.
2. What measures have contractors and subcontractors taken to
fulfill the current affirmative action requirements of Section 503? How
much did these measures cost?
3. What barriers currently impede Federal contractors from hiring
people with disabilities?
4. Are there changes that could be made to the existing language on
permissible qualifications standards \2\ that would better ensure equal
employment opportunities for individuals with disabilities?
---------------------------------------------------------------------------
\2\ 41 CFR 60-741.44b & c--Required contents of affirmative
action programs. To view, go to https://www.dol.gov/dol/allcfr/Title_41/Part_60-741/41CFR60-741.44.htm.
---------------------------------------------------------------------------
5. If OFCCP were to require Federal contractors to conduct
utilization analyses and to establish hiring goals for individuals with
disabilities, comparable to the analyses and establishment of goals
required under the regulations implementing Executive Order 11246, what
data should be examined in order to identify the appropriate
availability pool of such individuals for employment?
6. Would the establishment of placement goals for individuals with
disabilities measurably increase their employment opportunities in the
Federal contractor sector? Explain why or why not.
7. What experience have Federal contractors had with respect to
disability employment goals programs voluntarily undertaken or required
by state, local or foreign governments?
8. What specific employment practices have been verifiably
effective in recruiting, hiring, advancing, and retaining individuals
with disabilities?
9. To what extent does workplace flexibility, including flexibility
in work schedules, as well as job-protected leave, impact recruitment
and retention of individuals with disabilities?
10. Has training of employees and/or managers been effective in
increasing advancement and/or retention of individuals with
disabilities? If so, how?
11. Federal contractors are required to invite all job applicants
to voluntarily and confidentially identify their race and gender pre-
offer. The collection of this information allows contractors to monitor
the impact of their employment practices by race and gender and to
assess progress in meeting their affirmative action goals. Existing
Section 503 regulations require contractors to invite applicants to
voluntarily and confidentially self-identify as a person with a
disability after making an offer of employment but before the applicant
begins employment. (See 41 CFR 60-741.42(a).) Would amending the
Section 503
[[Page 43118]]
regulations to require contractors to invite all applicants to
voluntarily and confidentially self-identify if they have a disability
prior to an offer of employment enhance a federal contractor's ability
to more effectively monitor their hiring practices with respect to
applicants with disabilities? Note that a Section 503 regulation
requiring contractors to invite voluntary and confidential self-
identification as an applicant with a disability pre-offer for
affirmative action purposes would not violate the Americans with
Disabilities Act. 29 CFR 1630.15(e); Enforcement Guidance:
Preemployment Disability-Related Questions and Medical Examinations
(EEOC Notice Number 915.002, October 10, 1995).
12. How can linkage agreements between Federal contractors and
organizations that focus on the employment of individuals with
disabilities be strengthened to increase effectiveness? Do linkage
agreements have better outcomes when higher level company officials are
responsible for their implementation/execution? Include examples of
cooperative agreements between employers and disability or community
recruitment organizations that have been helpful in hiring persons with
disabilities.
13. What impact would result from requiring that Federal
contractors and subcontractors make information and communication
technology used by job applicants in the job application process, and
by employees in connection with their employment fully accessible and
usable by individuals with disabilities? \3\ What are the specific
costs and/or benefits that might result from this requirement?
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\3\ For example, requiring that contractors ensure that
application and testing kiosks are fully accessible and usable by
individuals with disabilities, and that contractors strive to ensure
that their Internet and Intranet Web sites satisfy the United States
Access Board's accessibility standards for technology used by the
Federal Government and subject to section 508 of the Rehabilitation
Act.
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14. What other specific changes to the Section 503 regulations
might improve the recruitment, hiring, retention, and advancement of
individuals with disabilities by Federal contractors?
15. Regulatory Flexibility Act--Consistent with the Regulatory
Flexibility Act, the Department must consider the impacts of any
proposed rule on small entities, including small businesses, small
nonprofit organizations and small governmental jurisdictions with
populations under 50,000. In response to this ANPRM, the Department
encourages small entities to provide data on how additional
requirements under Section 503 may impact them.
16. OFCCP seeks public comment on the types of small entities and
any estimates of the numbers of small entities that may be impacted by
this rule.
17. OFCCP seeks public comment on the potential costs of additional
503 requirements on small entities.
18. OFCCP seeks public comment on any possible alternatives to the
proposed measures that would allow the agency to achieve their
regulatory objectives while minimizing any adverse impact to small
businesses.
OFCCP encourages any interested party to comment on these questions.
Patricia A. Shiu,
Director, Office of Federal Contract Compliance Programs.
[FR Doc. 2010-18104 Filed 7-22-10; 8:45 am]
BILLING CODE 4510-CM-P
