EEOC Issues Regulations on the Federal Government’s Obligation to Engage in Affirmative Action for People with Disabilities

"The U.S. Equal Employment Opportunity Commission (EEOC) today published regulations explaining what federal agencies must do to comply with their legal obligation to engage in affirmative action in employment and otherwise serve as "model employers" for individuals with disabilities. The regulations do not impose any obligations on private businesses or state and local governments. EEOC has also published a question-and-answer document on the regulations.

Section 501 of the Rehabilitation Act requires federal agencies to create affirmative action plans for the employment of people with disabilities, and to submit those plans to EEOC for approval. On May 15, 2014, EEOC published an Advance Notice of Proposed Rulemaking (ANPRM) asking for public input on how the EEOC should revise its regulations to clarify what an affirmative action plan must include. On Feb. 24, 2016, the Commission proposed regulations based on the input received, and sought further public comment on their proposals in a Notice of Proposed Rulemaking.

Today, the final regulations reaffirm the federal government's commitment to being a model employer of people with disabilities. The rule consolidates existing requirements from a variety of sources, such as the existing requirements that federal agencies have written reasonable accommodation procedures and seek out qualified job applicants with disabilities. The regulations also include new representation goals for employees with disabilities in the federal workforce and enhanced support requirements that will enable more persons with disabilities to seek federal employment..."
Affirmative Action and Disabilities

Interim Guidance on the use of Race and Ethnic Categories in Affirmative Action Programs
"Beginning in 2007, employers, including Federal contractors, were required to report data about the racial, ethnic, and gender composition of their workforces on a revised Standard Form 100, Employer Information Report (commonly referred to as the "EEO-1 Report"). The revised EEO-1 Report was to be filed for the first time by September 30, 2007.

The previous EEO-1 Report calls for workforce data to be broken down by nine job categories, using five race and ethnic categories. The revised EEO-1 Report changes the race and ethnic categories by adding a new category titled "two or more races" and dividing the category "Asian or Pacific Islander" into two separate categories -"Asian" and "Native Hawaiian or other Pacific Islanders." In addition, the approved revisions divide the Officials and Managers job category into two subgroups - Executives/ Senior Level and First/Mid Level Officials. More information about the revised EEO-1 Report may be found on the Equal Employment Opportunity Commission's website at http://www.eeoc.gov/eeo1/index.html."