OFCCP Revised Voluntary Self-Identification of Disability Form Approved

Proskauer - Government Contractor Compliance & Regulatory Update

On April 25, 2023, the Office of Management and Budget (OMB) approved OFCCP’s revised Voluntary Self-Identification of Disability Form (CC-305). OFCCP states the form was revised in order to “update the preferred language for disabilities and to include additional examples of disabilities.”

For example, the prior version of the form asked individuals to indicate if they “have a history/record of having a disability,” while the revised form now asks if respondents “have had [a disability] in the past” (emphasis added).  Additionally, the revised form places bold font on the previously italicized disclaimer, “Disabilities include, but are not limited to[.]” Further, the revised form replaces the term “psychiatric condition” with “mental health condition” and adds, among others, neurodivergence, substance use disorder, and traumatic brain injury to the listed examples of disabilities.

Federal contractors and subcontractors (“Contractors”) must invite all employees and job applicants to complete the Voluntary Self-Identification of Disability Form, and s must begin using the updated Form CC-305 by no later than July 25, 2023.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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