The OFCCP recently released their final rule regarding updates to individuals with disabilities’ protection regulations under Section 503 of the Rehabilitation Act.  The rule won’t go into effect for 180 days after its publication in the Federal Register (which has not yet occurred), but there are a few items you should know now.  In their announcements and webinars, the OFCCP has begun to use the acronym IWDs for individuals with disabilities.

1) Phased-in Compliance

Similarly to OFCCP’s new regulations for veterans, the biggest changes to the regulations will be phased in over time.  Specifically, if you have a current AAP in place when the regulations take effect, you have until the start of your next “standard AAP review and updating cycle” to come into compliance with the requirements of Supbart C of the new rule.  Items 2 and 3 below are both in Subpart C.

Assuming that the rule will go into effect in March of 2014, companies with a calendar year AAP cycle will not need to comply with the majority of the new requirements until January of 2015.  Once the rule is published, we’ll be able to forecast the exact dates.

2) Utilization Goals

The OFCCP has set a 7% utilization goal for individuals with disabilities for all Affirmative Action employers nationwide.  If your organization has 100 employees or fewer, the 7% goal can be used for the entire organization.  Organizations with more than 100 employees will need to establish and measure the 7% utilization goal for each job group.

3) Self-Identification

Perhaps the most controversial portion of the proposed rule made it into the final version: Affirmative Action employers will now have to give applicants an invitation to self-identify as IWD ‘s at the pre-offer and post-offer stages.  OFCCP will provide the language for the invitation and have noted that contractors will not be able to adapt or change that language.  The exact language is yet to be published by OFCCP.

Of course, just like race and gender information, information on disabilities should not be going to those making the hiring decision.  It must also be maintained confidentially.

4) Definition of Disability

To help with the agreement between various sets of regulations, the final rule changes the definition of disability to match that under the Americans with Disabilities Amendments Act (ADAAA).

5) Equal Opportunity Clause

In a welcome change from the proposed rule, OFCCP will still allow the required equal opportunity contract clause to be included via reference.  They have even provided the specific mandatory language that will need to be used if incorporating by reference on subcontracts and purchase orders.

Find out more on the new regulations by visiting OFCCP’s dedicated Section 503 page and by subscribing to our compliance updates newsletter.