May 24, 2022

Volume XII, Number 144

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May 23, 2022

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Challenge to New Disability Regulations Fails on Cusp of Effective Date

As previously reported, a number of federal contractor associations have raised questions and concerns regarding the new veteran and disabled regulations.  In November 2013, Associated Builders and Contractors, Inc. (“ABC”) challenged the validity of the disability regulations in federal court and today the United States District Court for the District of Columbia upheld the regulations, just 3 days before many of new requirements become effective.

The court upheld OFCCP’s “broad” authority to issue the disability rules, as well as their reasonableness under Section 503 of the Rehabilitation Act, including the reasonableness of the basis for the 7% disability utilization goal.  The court also found that collecting disability information does not violate the ADA.

While ABC may still appeal this district court ruling, the court denied ABC’s request to delay implementation the new regulations.  As a result, the regulations will “go live” on Monday March, 24 as planned.

Jackson Lewis P.C. © 2022National Law Review, Volume IV, Number 81
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About this Author

Mickey Silberman, Labor and Employment law attorney, Jackson Lewis Law firm, Principal
Principal

Mickey Silberman is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. He is the Chair of the Jackson Lewis Affirmative Action & OFCCP Defense Practice Group and the Co-head of the firm’s Pay Equity Resource Group.

Mr. Silberman and the practice group annually prepare thousands of affirmative action plans for employers in all industries and throughout the country. During the past several years, Mr. Silberman has directed the defense of hundreds of OFCCP audits, including successful defense of Corporate Management (“glass ceiling”) Reviews....

303-225-2400
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