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EEOC Proposes Changes to Rehabilitation Act of 1973 For Disabled Affirmative Action


Late last month, the EEOC published a Notice of Proposed Rulemaking on the federal government's obligation to engage in affirmative action in employment for individuals with disabilities.  (Note, the proposed rule would not apply to private businesses.)  These proposed changes would clarify the obligations that the Rehabilitation Act of 1973 imposes on federal agencies as employers, in addition to the obligation to not discriminate on the basis of a disability.

The proposed rule "reaffirms the federal government's commitment to being a model employer of people with disabilities."  Under the proposed rule, federal agencies would be required to adopt the goal of achieving a 12% representation rate for individuals with disabilities and a 2% representation rate for individuals with targeted/severe disabilities.

Perhaps one of the more important portions of the proposed rule is the requirement that agencies provide personal assistance services to employees who, because of a disability, need a particular service to help with activities such as eating and using the restroom while at work.  

The public has 60 days to submit comments on the proposed rule.  That 60 days runs on April 25, 2016...for those interested.




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