Construction Association Sues OFCCP Over Its Final Disabilities Rule

Employment Law, Inclusion and Diversity

This week, the Associated Builders & Contractors (ABC) sued the Department of Labor to prevent parts of the final affirmative action rule for individuals with disabilities from taking effect for federal construction contractors.  Depending on how the court rules, the case could have implications for all federal contractors, not just those in the construction industry.  While the complaint highlights the "unique aspects of the construction industry workforce," it also argues that nothing in Section 503 of the Rehabilitation Act authorizes OFCCP to: At its September meeting, the HR Policy Association Board of Directors considered filing its own suit but decided that a better course would be to wait to see how the rule is applied and whether it is done in a manner that creates a de facto quota.  Nevertheless, because of the broader issues raised by the lawsuit, HR Policy will consider whether to file an amicus curiae brief in support of ABC.