July 6, 2022

Volume XII, Number 187

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July 05, 2022

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Breaking (Good!) News: Contractors May Be Able To Keep Only Disability Self-ID Data, Not Forms

In another instance of OFCCP responding to feedback from the contractor community, OFCCP stated today in a FAQ that if you use an electronic version of the required disability self-id form to solicit disability status, you need only retain the data, not the form or copy of the form.

The FAQ sets out the self-id options and retention obligations for employers:

Paper Forms: If we use paper forms, we must either retain the forms or a reproducible electronic copy of the forms (e.g. PDF), as well as “any log, spreadsheet, or database that it may have developed to record the data from the self-identification forms.”

Electronic Forms: Contractors using electronic forms may choose one of three options:

  • Keep an electronic version of the form (e.g. PDF) as well as the log or spreadsheet referenced above; or

  • Keep hardcopy printouts of the electronic form, and the log or spreadsheet; or

  • Keep only “a log detailed log, spreadsheet or database of the data collected from each electronically completed form, without copies of each individually completed form…”  In this case, contractors must be able to demonstrate for OFCCP how the information was collected, meaning provide a copy of the form used and show OFCCP the electronic process implemented for inviting applicants/employees to self-identify.

In another FAQ, OFCCP also clarified that where contractors have openings for a remote position, that opening should be listed with the state workforce agency “where the work unit, division, department or supervisor to which the employee will report or be assigned is located.” This may also give us more than one option.

Jackson Lewis P.C. © 2022National Law Review, Volume IV, Number 290
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About this Author

Laura Mitchell, Jackson Lewis, Management Representation lawyer, Contractual Drafting Attorney
Principal

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She represents management exclusively in all areas of employment law, focusing on affirmative action and government contractor compliance.

Ms. Mitchell is a Principal in the firm’s Affirmative Action and OFCCP Defense practice group, representing government and non-government contractors in Office of Federal Contract Compliance Programs (OFCCP) matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming...

303-225-2382
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