If you are a federal contractor subject to Section 503, then you are aware of the new regulations that were released in September 2013. While those regulations were released nearly two years ago, the most burdensome of these requirements (implementation of the Subpart C requirements) have not yet been implemented by most contractors because of the transition year period that allowed contractors to delay compliance with Subpart C. As contractors have been permitted to delay compliance, we have seen virtually no enforcement from OFCCP of the Subpart C requirements in audits. That is all about to change.

Contractors are now or will soon be developing their first affirmative action plans that will be subject to the Subpart C requirements. The OFCCP appears to be gearing up to enforce these requirements, as it released this week a Checklist for Compliance with Section 503 of the Rehabilitation Act of 1973. Contractors should review the checklist. However, we would not recommend filling it out unless you are doing so in a way that your completion of the checklist and communications are protected by the attorney/client privilege! We would not be surprised if this Checklist becomes the outline that the OFCCP uses to evaluate your company’s compliance with Section 503 during its next audit.