Employers Have Until August 4 to Implement New OFCCP Disability Self-Identification Form



On May 8, 2020, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form for prospective and current employees to voluntarily self-identify as an individual with a disability.  The form is applicable to federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act, which requires contractors to invite applicants to self-identify as disabled at the pre-offer stage, and to invite new hires and incumbent employees to self-identify.  Federal contractors use this self-identification information to support required affirmative action programs.

The updated form contains several revisions that seek to aid in tracking applicants and employees with disabilities. These changes include:

  • More descriptive and inclusive examples of disabilities. For example, the previous version of the form lists HIV/AIDS as a disability. The revised form expands the list of autoimmune disorders to include lupus, fibromyalgia and rheumatoid arthritis.
  • Listing additional disabilities. For example, cardiovascular or heart disease is now listed as a disability, as well as Celiac Disease, migraine headaches, Crohn’s Disease and irritable bowel syndrome (IBS).
  • Next to the box “Yes, I have a Disability” or “No, I don’t have a disability,” the form now explains that the individual should check the box if they have a “history/record of having a disability.”

Additionally, the new form was trimmed from two pages to one. The revised form explains that measuring progress towards the OFCCP’s 7% benchmark is “required” for federal contractors and clarifies that answers will “not be seen by selecting officials or anyone involved in making personnel decisions.” Notably, the revised form omits the “Reasonable Accommodation Notice” provided on the previous version of the form.

Covered federal contractors and subcontractors have until August 4, 2020, to implement and use the new form, which expires on May 31, 2023.  Contractors must continue to use the OFCCP’s prior form until they have implemented the revised form.

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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