House Examines OFCCP Enforcement and Regulatory Actions

This week the House Education and Workforce subcommittee on Health, Employment, Labor and Pensions held a hearing on the Office of Federal Contract Compliance Programs’ recent regulatory and enforcement actions. The OFCCP is responsible for ensuring federal contractors follow federal nondiscrimination hiring requirements.  The agency has announced several proposals that will make advanced significant changes to its regulatory and enforcement policies that could create additional costs and challenges for employers and workers in the construction industry. One of the proposals addressed in the hearing was OFCCP’s notice of proposed rulemaking which would implement significant revisions of the regulations governing affirmative action requirements for direct federal contractors and their subcontractors with respect to individuals with disabilities as required by Section 503 of the Rehabilitation Act. AGC submitted comments during the public comment period asking OFCCP to exempt the construction industry from the requirements of the proposed rule.  Also addressed in the Hearing was an OFCCP notice of proposed rulemaking, which would implement significant revisions of the regulations governing affirmative action requirements for direct federal contractors and subcontractors with respect to protected veterans. AGC fully supports OFCCP's stated overall goal of increasing employment opportunities for covered veterans and the disabled; however, AGC does not support the burdensome requirements of the proposed rules.  AGC will continue to work with congressional leaders on making the proposed rules less burdensome for the construction industry. For more information, please contact Jim Young at 202-547-3350 oryoungj@agc.org.