January 25, 2022

Volume XII, Number 25

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January 24, 2022

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New Disability Regulations Withstand Continued Challenge

As a follow up to a story from earlier this year, the D.C. Circuit court has rejected the Associated Builders and Contractors, Inc. (ABCs) challenge of the requirements under the revised regulations implementing Section 503 of the Rehabilitation Act.

In November 2013, ABC filed suit alleging OFCCP issued its recently revised regulations pertaining to individuals with disabilities in violation of the Rehabilitation Act, the Administrative Procedures Act, as well as the Regulatory Flexibility Act.

In March 2014, days before the regulations became effective, ABC’s challenge was denied by a lower court and the regulations went into effect as scheduled.

In this latest round of challenges, ABC appealed the lower court’s ruling to the D.C Circuit Court.  The D.C. Circuit court found OFCCP did not exceed its authority in promulgating the new rules.

Whether ABC decides to appeal this latest decision remains to be seen; but as of now, the regulations stand intact and contractors are required to adhere to the provisions as set forth in the final rule.

Jackson Lewis P.C. © 2022National Law Review, Volume IV, Number 349
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About this Author

Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney
Principal

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (OFCCP) matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming...

303-225-2382
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