View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOL/ESA

RIN: 1215-AB19

Publication ID: Fall 1998

Title: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities
Abstract: This final rule revises appendix C to the regulations implementing section 503 of the Rehabilitation Act of 1973. Appendix C contains procedures that Government contractors may use to review their personnel processes to ensure that the processes are fair to disabled applicants and employees. The existing appendix recommends that contractors attach or include a description of accommodations considered or used for individuals with disabilities to application forms or personnel records. As revised, the appendix recommends that the description of accommodations be maintained in separate confidential medical files. ^PThe revision results from a comment submitted by the Equal Employment Opportunity Commission in response to OFCCP's NPRM under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), which contains a similar appendix. The EEOC submitted that in most instances descriptions of accommodations constitute medical information that, under the Americans with Disabilities Act, must be maintained in separate files and treated as confidential medical records. ^PAccordingly, the revision is required in order to ensure that contractors complying with section 503 will not inadvertently violate the Americans with Disabilities Act. The revision also ensures continued consistency between OFCCP's rules under section 503 and VEVRAA, which minimizes contractor burdens and confusion.
Agency: Department of Labor(DOL)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 41 CFR 60-741 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 29 USC 706 29 USC 793 EO 11758

Timetable:

Action	Date	FR Cite
Final Action	10/00/1998

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Included in the Regulatory Plan: No
Agency Contact: James I. Melvin Program Development, OFCCP Department of Labor Employment Standards Administration 200 Constitution Avenue NW., Room N-3422, FP Building, Washington, DC 20210 Phone:202 693-0102 TDD Phone:202 693-1308 Fax:202 693-1304 Email: ofccp-mail@dol-esa.gov