Hans Bader on disabled-hiring quotas

Building on my post of yesterday, Competitive Enterprise Institute scholar Hans Bader makes several additional points about the Department of Labor’s new hiring quotas for disabled workers at federal contractors:

  • Under the regulations, Bader points out, contractors will be obliged to aim for a seven percent quota for each division, a significantly harder task than if it were just a company-wide quota.
  • Dodgy terminology to conceal the reality of quotas is nothing new; in fact, there’s a long history of federal officials’ resorting to euphemism and vagueness to characterize quotas as benchmarks, goals, and so forth.
  • While disabled quotas, unlike racial quotas, do not raise immediate red flags of unconstitutionality, there is serious doubt as to whether they are actually a lawful application of the statutes Congress has passed in this area. While one such law does refer vaguely to affirmative action for the disabled, that does not necessarily provide a broad enough basis to authorize the new scheme.
  • Will compliance and paperwork on this and a related veteran-quota measure cost federal contractors $6 billion a year, as the Associated General Contractors of America has it? Or less than one-fifth that sum, as OFCCP insists? And does OFCCP face even the slightest consequences if its estimates turn out to be low-balls and the contractors turn out to be right?


[cross-posted, with adaptations, at Cato at Liberty. Edited final paragraph 9/23 to clarify that two quota programs are involved]