For the first time since May 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has released an updated form for Voluntary Self-Identification of Disability that must be incorporated by federal contractors and subcontractors (contractors) into their data collection efforts no later than July 25, 2023. Contractors are required to use these forms to be in compliance with Section 503 of the Rehabilitation Act of 1973 and its implementing regulations.

The new form includes updated language and additional examples of disabilities. Specifically, it includes updated language relating to mental health conditions and additional categories including neurodivergence, alcohol and substance use disorders, mobility impairment, traumatic brain injury, paralysis, short stature and pulmonary and respiratory conditions. This form must be given to applicants at the pre-offer stage once they have been deemed a qualified applicant, at the post-offer stage but prior to commencing work, and to existing employees at least every five years, for their voluntary participation. This data must then be used by the contractor to determine if it is meeting its 7% utilization goal in hiring applicants with disabilities, pursuant to 60 C.F.R. § 60-741.44(k) and 60 C.F.R. § 60-741.45.

The form has only been released in English at this time, but the OFCCP website indicates that the form is coming soon in additional languages. Contractors are not permitted to alter the content of the self-identification form, except for the “For Employer Use Only” section.

Businesses that have questions about their Affirmative Action Program (AAP) obligations, including the use of the Voluntary Self-Identification of Disability Form, should seek the assistance of an experienced attorney familiar with federal AAP requirements to avoid the risks of non-compliance.

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