Assoc. Builders and Contractors v. Shiu, No. 14-5076 (D.C. Cir. 2014)
Annotate this CasePlaintiff, a trade group representing federal contractors, filed suit challenging the Department's revision of regulations requiring contractors to extend an invitation to job applicants to advise the contractor whether they believed they were covered by Section 503 of the Rehabilitation Act, 29 U.S.C. 793(a), as well as to analyze the resulting data. The revised regulations also adopted a utilization goal to serve as a target for the employment of individuals with disabilities. The OFCCP explained that these requirements are important means by which the Government can contribute to reducing the employment disparity between those with and without disabilities. Applying Chevron deference, the court concluded that the Department did not exceed its statutory authority, and the agency's exercise of rulemaking authority is a product of reasoned rulemaking and was not arbitrary nor capricious. Accordingly, the court affirmed the judgment.
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