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Topic |
Current 503 Regulations |
Final 503 Regulations |
Coverage
Contractor
Coverage
Employee
Coverage
Extra-territoriality
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Federal contractors and subcontractors with
contracts of $2,500 or
more.
Reg. coverage provides all positions are covered, but
under case law was
limited to positions engaged in work related to government contracts until 1992
Rehabilitation Act Amendments.
Limited. Covers persons recruited within the U.S. for work abroad. |
Contracts and subcontracts in excess of $10,000. 60-741.4(a)(1)
Coverage again extends to all positions, regardless of relationship to a
Federal contract. (Matters arising before 10/29/92 Rehabilitation Act
Amendments remain subject to "carrying out" contract showing.) 60-
741.4(a)(2)
Limited. Covers employment activities within the U.S. (e.g., covers
decisions made in U.S., pertaining to U.S. employers or applicants, regarding
employment opportunities abroad). 60- 741.4(a)(4) |
Affirmative Action
Affirmative Action/Non- discrimination
Written AAP
contents
Invitation to Self-Identify |
Mandates affirmative action (and, implicitly, nondiscrimination as a
precondition).
Components of affirmative action programs are not explicitly prescribed as
they are in Exec. Order AAPs.
Contractor must extend to all applicants and employees. |
Explicitly requires both nondiscrimination and affirmative action.
60-741.43
Rewritten for clarity; generally parallels Executive Order AAP contents
listed in 41 CFR 60-2.13. 60-741.44(a)
Contractor required to extend invitation to self-identify to all applicants
post-offer but prior to employment. Permitted to invite self-identification
pre-offer only in the two limited circumstances listed in 60-741.42 |
Use of Terms Covered Persons |
Qualified handicapped individual |
Qualified individual with a disability. Detailed regulatory definitions.
See 60-741.2 |
Complaints
Filing Period
Third-party complaints
Internal Review Procedure |
180 days, unless extended for good cause shown.
Permitted, but must name complainant.
Permitted contractor 60 days to review and internally resolve complaints. |
300 days unless extended for good cause shown. 60-741.61(b)
Permitted. Need not name complainant, but provide name to investigator to
confirm authorization. 60-741.61(c)(2)
Eliminated internal review procedure. |
Definition of Qualified Individual with a Disability
"Substantially
Limits"
"Qualified"
Specific Conditions Excluded |
Degree that the impairment affects employability.
Able to perform a particular job with reasonable
accommodation.
None listed in 503 law or regulations. |
Unable to perform a major life activity that average person can perform or
significantly restricted in the performance of major life activity.
60-741.2(q). With respect to the major life activity of working it means
significantly restricted in the ability to perform a class of jobs or a broad
range of jobs in various classes. 60-741.2(q)(3)(i)
Able to perform the essential (as opposed to marginal) functions of a
particular job with or without reasonable accommodation. 60-741.2(t) Transvestites, various other psycho-sexual conditions; compulsive gambling;
kleptomania; pyromania; homosexuality and bisexuality not considered
disabilities. 60-741.3(d)(e) |
Medical
Examinations/ Inquiries
Pre-Offer Medical Examinations
Pre-Offer Medical Inquiries (e.g., app. forms, interviews)
Medical Exams/Inquiries of employees
Drug-Testing
Co-mingling medical with other personnel record |
Permitted, but only for AA and proper job placement; cannot be used to
exclude or limit employment opportunities.
Permitted (with same proviso as
under Pre-Offer Medical Exams above)
Permitted (with same proviso as
under Pre-Offer Medical Exams above)
Silent on subject
Requires confidentiality, but does not expressly require totally separate
files. |
Prohibited, but may require exam post offer, pre-employment if all in job
class are subjected. 60-741.23
Prohibited but may ask about ability to perform job related functions.
60-741.23(b)(i)
Permitted only if job related, consistent with business necessity.
(Voluntary "wellness" programs OK). 60-741.23(b)(4)
Permitted at any time (i.e., not considered a medical exam). 60-741.24(b)
Requires both confidentiality and totally separate files. 60-741.23(d)(1) |
Recordkeeping
Scope of Records
Retention Period
Consequences of recordkeeping violation |
Records relating to complaints against contractor and other records as
Director may require.
One year for all contractors
None specified. |
Any personnel and employment record made or kept by contractor (examples
provided). 60-741.80(a)
Two years for larger contractors. One year if the contractor has fewer
than 150 employees or does not have a government contract of at least
$150,000. 60-741.80(a) If employer fails to keep or destroys records, inference will be that
records would have been unfavorable to employer. 60-741.80(b) |
Reasonable Accommodation
Failure to Provide
Conditions Required
Financial Offsets |
Required, but not expressly termed discrimination.
Need for accommodation.
Not explicitly addressed. |
Failure to provide is expressly termed discrimination and is unlawful
unless can show "undue hardship." 60-741.21(f)
Knowledge of disability and need. Contractor required to have AAP must
inquire whether accommodation is needed if employee is having difficulty with
job performance. 60-741.44(d) Assessment of "undue hardship" must consider tax and other
offsets available to reduce cost. 60- 741.2(w)(2) |
Right to Sue Appeal Rights vs.
Right to Sue |
Offer 503/ADA complainant appeal to the Director, OFCCP. But, if person
does not appeal, or Director upholds DO -- i.e., "No Violation"
finding become final -- issue "Notice of Right to Sue" under ADA.1 |
No right of appeal if also covered by ADA-- receive "Notice of Right
to Sue" instead. However, if not also covered by ADA, DAS automatically
will review all "No Violation" findings. 60-741.6(f)(2) |
Remedies
Make-Whole Relief
and Interest
Show Cause Notice
Conciliation Agreements |
Regs. require corrective action for violations. Under case law this
requires make-whole relief and interest, but since 1989, only simple interest
on back pay.
No provisions.
No provisions, but use as a matter of policy. |
Continues to require corrective action. Make-whole relief, including
compound interest on back pay expressly required. 60-741.62(a); 741.65(a)(i)
Yes. Same as Executive Order Provisions. 60- 741.64.
Yes. Same as Executive Order Provisions. 60- 741.62 |
Enforcement
Hearing/Procedure
Sanctions
Reinstatement/
Appeal |
Administrative hearing before ALJ. ALJ recommends decision to DOL
Administrative Review Board.2 No time period specified for issuance of
final agency decision.
Withhold progress payments; contract terminations; and/or indefinite
debarment.
Request to DAS |
Same as current, but final administrative order is to be issued within a
year of ALJ recommended decision. 60-741.65(b)
Retains all existing sanctions but adds that in appropriate cases,
debarment may be for a fixed period of not less than 6 months but no more than
3 years. 60-741.66(c) Where fixed-term debarment, can request reinstatement after 6 months. If
DAS denies, can appeal to Secretary. 60-741.68 |
1 Section 503/ADA Coordination procedures are addressed in Part
60-742.
2 Until recently Section 503 final agency decisions were issued by
the Assistant Secretary for ESA. Pursuant to a final rule published on May 3,
1996, the Administrative Review Board, rather than the Assistant Secretary,
will issue final agency decisions under Section 503.
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