Office of Federal Contract Compliance Programs (OFCCP) Comments
Response to Proposed Section 503 Regulations
APSE is a national membership organization that advocates for integration of all individuals with disabilities into the general workforce. As an organization exclusively focused on employment in the community, APSE would like to applaud and commend the Office of Federal Contract Compliance Programs (OFCCP) for the proposed revised regulations, which significantly strengthen the requirements for federal contractors in terms of their obligations towards pro-active practices resulting in employment of individuals with disabilities. In general, APSE would like to express its strong support for these proposed regulatory changes. Rather than going through a point-by-point discussion of each aspect of the proposed changes, APSE’s comments are limited to a few specific areas where we have concerns, and recommend changes and strengthening of language. Where APSE has not commented on specific aspects of the proposed new regulatory language, it should be assumed that APSE is highly supportive of the proposed language.
APSE Comments:
Section 60-741.42 – Invitation to Self-Identify
Need to clarify intent of self-identification: APSE suggests that language be added that more clearly specifies the intent of self-identification to ensure that there is full understanding by both federal contractors and individuals with disabilities regarding the specific purpose and uses of the information gathered.
Need to clarify/strengthen language regarding confidentiality section 60-741.42 (e):APSE suggests that a clear definition of what does and does not constitute a “data analysis file” be provided to ensure compliance with this requirement, and within such a definition clarification be made regarding who may have access to the information in such a file.
Self-identification invitation text: APSE recommends that under item 3 of this suggested text, “This means that the information you provide will be used solely for affirmative action purposes…” that a functional definition be provided of the term “affirmative action purposes.”
Required contents of affirmative action programs section 60-741.44.. (f) External dissemination of policy, outreach, and positive recruitment. (1) Required outreach efforts. APSE recommends that linkage with SVRA be mandatory, and that linkages with Employment Networks be supplemental not an alternative particularly given the limited scope and limited number of Employment Networks in many states and local areas. Additionally, linkage with Tribal Vocational Rehabilitation programs should be mandatory in areas that are served by such programs.
In this section under (2) Suggested outreach efforts, we feel the following language is too passive and could be strengthened “(iv) Individuals with disabilities should be made available for participation in career days, youth motivation programs, and related activities in their communities.” It is our recommendation that the language be changed to the following to indicate that federal contractors should proactively encourage participation of individuals with disabilities in such activities, and be clear that these are activities that are inclusive of and not specifically targeted towards individuals with disabilities.
60-741.45 Reasonable accommodation procedures: APSE recommends adding the following additional language be added : “For job application processes that utilize an on-line processes, job application kiosks, etc., federal contractors must specifically list the alternative options and potential reasonable accommodations that are available to complete the job application process.”
Utilization Goals 60-741.45
In APSE’s opinion, the utilization goal of 7% is too low, given that according to the US Census, American Community Survey, that 10% of working age Americans report having a disability. We therefore recommend increasing this goal to 10%.
Providing priority consideration in employment. 60-741.47
APSE agrees with the inclusion of priority consideration within these regulations. In terms of data sources to determine groups for priority consideration… (include ICI day and employment data, national MH data, etc.)
Sheltered Workshops 60-741.48
APSE is pleased to see the following language: “Contracts with sheltered workshops do not constitute affirmative action in lieu of employment and advancement of qualified individuals with disabilities in the contractor’s own work force.” APSE opposes any efforts to weaken or remove this language. However, APSE recommends removal of the sentence following: “Contracts with sheltered workshops may be included within an affirmative action program if the sheltered workshop trains employees for the contractor and the contractor is obligated to hire trainees at full compensation when such trainees become “qualified individuals with disabilities.” This second sentence appears to counter the first sentence, and we feel that this language will provide a loophole that allows the use of sheltered workshops to be used to comply with these regulations. APSE recommends the following language for this section that includes the first sentence and clearly states that contracts with sheltered workshops may not be utilized to comply with these regulations:
“Contracts with sheltered workshops do not constitute affirmative action in lieu of employment and advancement of qualified individuals with disabilities in the contractor’s own work force, and may not be used in any form to fulfill these requirements. Sheltered workshops may only be utilized as a source of potential candidates who are then hired by the contractor and fully integrated within the contractor’s workforce at full compensation. ”
In addition, APSE recommends adding this language somewhere:
“Compliance with these regulations requires that individuals be directly hired by the federal contractor, in positions at full compensation (at least at or above minimum wage), and that individuals are fully integrated within the workforce. In an effort to ensure integration, the majority of co-workers must be individuals without disabilities.”