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Associated Builders & Contrs., Inc. v. Shiu

United States Court of Appeals, District of Columbia Circuit

December 12, 2014

ASSOCIATED BUILDERS AND CONTRACTORS, INC., APPELLANT
v.
PATRICIA A. SHIU, ET AL., APPELLEES

Argued October 3, 2014

Page 258

[Copyrighted Material Omitted]

Page 259

Appeal from the United States District Court for the District of Columbia. (No. 1:13-cv-01806).

Maurice Baskin argued the cause and filed the briefs for appellant.

Stephanie R. Marcus, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Stuart F. Delery, Assistant Attorney General, Ronald C. Machen, Jr., U.S. Attorney, and Marleigh D. Dover, Attorney.

Daniel F. Goldstein was on the brief for amici curiae American Association of People with Disabilities, et al. in support of appellees.

Before: GARLAND, Chief Judge, TATEL, Circuit Judge, and GINSBURG, Senior Circuit Judge.

OPINION

Page 260

Tatel, Circuit Judge :

Section 503 of the Rehabilitation Act of 1973 requires that certain government contractors " take affirmative action to employ and advance in employment qualified individuals with disabilities." Until recently, the Department of Labor's implementing regulations required government contractors to " invite" individuals offered jobs to advise the contractor whether they believed they were covered by the Act. Doubting that the existing regulations were sufficiently advancing the employment of qualified individuals with disabilities, the Department revised the regulations to require contractors to extend this invitation to job applicants, as well as to analyze the resulting data. The revised regulations also adopt a " utilization goal" to serve as a target for the employment of individuals with disabilities. In this case, a trade group representing federal contractors challenges these regulations, arguing that they exceed the Department's statutory authority and are arbitrary and capricious. The district court rejected both challenges, as do we.

I.

Congress enacted the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq., " to empower individuals with disabilities to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society," as well as " to ensure that the Federal Government plays a leadership role in promoting the employment of individuals with disabilities." 29 U.S.C. § 701(b). Section 503 of the Act provides that government contracts for more than $10,000 " shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified individuals with disabilities." 29 ...


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