As a follow up to a story from earlier this year, the D.C. Circuit court has rejected the Associated Builders and Contractors, Inc. (ABCs) challenge of the requirements under the revised regulations implementing Section 503 of the Rehabilitation Act.

In November 2013, ABC filed suit alleging OFCCP issued its recently revised regulations pertaining to individuals with disabilities in violation of the Rehabilitation Act, the Administrative Procedures Act, as well as the Regulatory Flexibility Act.

In March 2014, days before the regulations became effective, ABC’s challenge was denied by a lower court and the regulations went into effect as scheduled.

In this latest round of challenges, ABC appealed the lower court’s ruling to the D.C Circuit Court.  The D.C. Circuit court found OFCCP did not exceed its authority in promulgating the new rules.

Whether ABC decides to appeal this latest decision remains to be seen; but as of now, the regulations stand intact and contractors are required to adhere to the provisions as set forth in the final rule.

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.