Hiring veterans and disabled workers might be good politics, but it's
expensive policy, according to a construction contractors' trade group and
other pro-business outfits.
The U.S. Department of Labor's Office of Federal Contract Compliance
Programs is mulling a new equal-opportunity employment rule that would require
all contractors -- construction companies as well as IT firms to airplane
manufacturers -- doing business with the government "to set a hiring goal of
having 7 percent of their employees be qualified workers with disabilities."
Another amendment to federal contracting policy would require government
contractors and subcontractors to make a "fair and reasonable" effort to hire
veterans and meticulously document efforts to recruit and hire former military
personnel.
While the new rules would set "goals" -- not quotas -- by the federal
government's own description, the Associated General Contractors of America
says that meeting those goals would be hugely expensive, at least for
construction companies, and far more expensive than the government's
cost-of-compliance estimates issued to date.
"From our point of view, we see these both as quotas," said Brian
Turmail, spokesman for the contractor's group in Arlington, Va. "If you don't
meet the goal, you could be debarred from doing business with the federal
government."
The contractors say the administration's proposal "to force federal
contractors" to hire more disabled workers would cost construction firms
$14,056 per year, or 30 times higher than the $473-per-contractor cost that
the government is suggesting.
The analysis was specific to the construction industry, but the proposed
policies would significantly remake the rules by which all federal contractors
operate, an anathema to some 200,000 companies that "generate $700 billion a
year in contracts with the federal government," according to The Wall Street
Journal.
Among the many complaints being made by business groups: that the new
regulations would be prohibitively expensive, that there may not be enough
disabled workers in certain fields to satisfy the goals, and that federal law
prohibits companies from asking whether a job applicant is disabled,
"potentially forcing firms to violate one law in order to comply with
another."
The regulations, some businesses say, cross the line from equal
opportunity into affirmative action.
But such action is needed, according to the executive director of the
National Disability Rights Network, because the protections now in place
haven't been working.
Employers still have tunnel vision "about who people with disabilities
are," said Curt Decker. The protests being offered by business groups are the
"kinds of rationales we've had for years -- the cost of accommodation, the
lack of available people. ... If we set a benchmark, people will start getting
creative."
He also said that the federal government, as an enormous employer and
contracting agent, bears the responsibility to set an example for the rest of
the nation's businesses.
As for the veterans "quota," that's not a set-in-stone percentage, but a
"hiring benchmark" that the contractor itself must come up with and try to
meet. It would be based on a number of factors, including the prevalence of
veterans living in the area where the company does business.
In both cases, the federal government says it wants to tighten standards
to snuff out discrimination where it exists, but also to help both
populations, which suffer from disproportionately high unemployment rates.
For those who are considered disabled and are in the labor force, the
unemployment rate was close to 15 percent in 2010, while returning veterans
faced an unemployment rate of about 12 percent through 2011, according to the
federal Bureau of Labor Statistics.
The building group, which commissioned its own analysis of the cost of
the new rules, says it has seen no data "that shows a widespread problem or a
systemic problem" when it comes to contractors hiring from the veteran and
disabled communities. And besides, the organization said, general contractors
go out of their way to reach out to all groups, particularly veterans.
Construction workers "are the guys who get goose-pimples at Lee Greenwood
songs," just as veterans do, Mr. Turmail said.
Contractors are regularly in attendance at veterans job fairs, said Ron
Kubitz, a recruiter for Braymon Construction in Saxonburg, a firm that does
road and bridge construction and other civil engineering projects. He attended
such a job fair earlier this month at Penn State's New Kensington campus,
pitching his company to the 120 or so veterans who attended.
"That's one of the groups I obviously focus on," Mr. Kubitz said. It's
not the hiring of veterans his industry opposes, he said, it's "the extra
layers of oversight [that] are going to require a lot more paperwork, a lot
more outreach, a lot more legwork."
The Department of Labor proposals on hiring disabled workers and veterans
are available online at
http://www.gpo.gov/fdsys/pkg/FR-2011-12-09/html/2011-31371.htm and
http://www.gpo.gov/fdsys/pkg/FR-2011-04-26/pdf/2011-8693.pdf.
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News Column
Law May Set Hiring Goals for Disabled, Veterans
July 2, 2012
Bill Toland
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Source: (c)2012 Pittsburgh Post-Gazette
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