The Office of Federal Contract Compliance Programs (OFCCP) has extended the projected date for the release of final rules regarding federal contractors’ affirmative action and nondiscrimination obligations for individuals with disabilities and protected veterans. OFCCP had projected that the final regulations would be published earlier this year. The Office of Information and Regulatory Affairs Spring 2013 “Agency Rule List” now indicates OFCCP’s plan to publish the final rules this month.
The proposed final rules, however, have not been accepted for review yet by the Office of Management and Budget (OMB), a process which can take up to 90 days. There is speculation that OMB may not accept the regulations for review until the nomination of Tom Perez as the Secretary of Labor is resolved.
Regardless of when they are finalized, contractors should be prepared for significant additional obligations, including expanded affirmative action requirements and increased data collection and tracking obligations. Proskauer will provide a detailed analysis of and a webinar concerning the implications of the final rules when they are released.