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EEOC RIN: 3046-AA94 Publication ID: Fall 2016 
Title: Affirmative Action for Individuals With Disabilities in the Federal Government 
Abstract:

Section 501 of the Rehabilitation Act, as amended (Section 501), prohibits discrimination against individuals with disabilities in the Federal Government. The EEOC's regulations implementing section 501, as set forth in 29 CFR part 1614, require Federal agencies and departments to be "model employers" of individuals with disabilities.1 On May 15, 2014, the Commission issued an Advance Notice of Proposed Rulemaking (79 FR 27824) that sought public comments on whether and how the existing regulations could be improved to provide more detail on what being a "model employer" means and how Federal agencies and departments should "give full consideration to the hiring, placement and advancement of qualified individuals with disabilities." 2  The NPRM was published on February 24, 2016 (81 FR 9123).  The EEOC's review of the comments and potential revisions was informed by the discussion in Management Directive 715 of the tools Federal agencies should use to establish goals for the employment and advancement of individuals with disabilities. The EEOC's review of the comments and potential revisions was also informed by, and consistent with, the goals of Executive Order 13548 to increase the employment of individuals with disabilities and the employment of individuals with targeted disabilities. ________________ 1 29 CFR 1614.203(a). 2 Id.

 
Agency: Equal Employment Opportunity Commission(EEOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 29 CFR 1614.203(a)   
Legal Authority: 29 U.S.C. 791(b)   
Legal Deadline:  None

Statement of Need:

Pursuant to section 501 of the Rehabilitation Act, the Commission is authorized to issue such regulations as it deems necessary to carry out its responsibilities under this Act. Executive Order 13548 called for increased efforts by Federal agencies and departments to recruit, hire, retain, and return individuals with disabilities to the Federal workforce.

Summary of the Legal Basis:

Section 501 of the Rehabilitation Act of 1973, as amended (section 501), 29 U.S.C. 791, in addition to requiring nondiscrimination with respect to Federal employees and applicants for Federal employment who are individuals with disabilities, also requires Federal agencies to maintain, update annually, and submit to the Commission an affirmative action program plan for the hiring, placement, and advancement of individuals with disabilities. As part of its responsibility for the administration and enforcement of equal opportunity in Federal employment, the Commission is authorized under 29 U.S.C. 794a(a)(1) to issue rules, regulations, orders, and instructions pursuant to section 501.

 

Alternatives:

The EEOC considered all alternatives offered by ANPRM public commenters. The EEOC will consider all alternatives offered by future public commenters.

Anticipated Costs and Benefits:

Any costs that might result would only be borne by the Federal Government. The revisions would contribute to increased employment of individuals with disabilities.

Risks:

The proposed changes do not affect risks to public health, safety, or the environment.

Timetable:
Action Date FR Cite
ANPRM  05/15/2014  79 FR 27824   
ANPRM Comment Period End  07/14/2014 
NPRM  02/24/2016  81 FR 9123   
NPRM Comment Period End  04/25/2016 
Final Action  11/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Related to 3046-AA73 
Agency Contact:
Christopher Kuczynski
Assistant Legal Counsel, Office of Legal Counsel
Equal Employment Opportunity Commission
131 M Street NE,
Washington, DC 20507
Phone:202 663-4665
TDD Phone:202 663-7026
Fax:202 653-6034
Email: christopher.kuczynski@eeoc.gov

Aaron Konopasky
Senior Attorney Advisor, Office of Legal Counsel
Equal Employment Opportunity Commission
131 M Street NE.,
Washington, DC 20507
Phone:202 663-4127
Fax:202 653-6034
Email: aaron.konopasky@eeoc.gov