December 2, 2020

Volume X, Number 337

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OFCCP Revises Voluntary Self-Identification Disability Form

The OFCCP announced on May 8, 2020 that it completed its awaited update to the Voluntary Self-Identification of Disability Form, which was recently approved by the Office of Management and Budget (OMB) and expires on May 31, 2023.

Section 503 of the Rehabilitation Act (Section 503) requires contractors to invite applicants to self-identify as disabled at the pre-offer stage, as well as inviting new hires to self-identify post-offer. The Office of Federal Contract Compliance Programs (OFCCP) developed a form for contractors that must be used when inviting the self-identification of disability, which expired January 31, 2020.

The OFCCP acknowledges that it will take contractors some time to incorporate the revised form into their electronic systems and processes. Thus, covered federal contractors and subcontractors have until August 4, 2020 to replace the old form.

As proposed, the final revisions to the form include:

  • Expanding the examples of disabilities (e.g., autoimmune disorders, gastrointestinal disorders, psychiatric conditions beyond PTSD, cardiovascular or heart disease)
  • Reducing the form to one page by removing the reasonable accommodation notice on page 2 of the old form
  • Notes the annual utilization goal by providing, “We are also required to measure our progress toward having at least 7% of our workforce be individuals with disabilities.”
  • Expanding the “Yes” option from, “YES, I HAVE A DISABILITY (or previously had a disability)” to “Yes, I Have A Disability, Or Have A History/Record Of Having A Disability”

Section 503 has an aspirational annual 7% utilization goal for individuals with disabilities. The goal is a yardstick against which contractors can measure their outreach and recruitment efforts of individuals with disabilities. The revised form will likely assist contractors in developing programs that will increase their utilization of people with disabilities.

Until contractors have implemented the revised form, and no later than August 4, they should use the 2017 OMB-approved form.

© 2020 Faegre Drinker Biddle & Reath LLP. All Rights Reserved.National Law Review, Volume X, Number 132
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About this Author

Stacie L. Linguist Commercial Litigation & Government Contracts Faegre Drinker Biddle & Reath Minneapolis, MN
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Stacie Linguist represents clients in commercial litigation and government contracts matters. Stacie helps clients resolve business disputes, obtain government contracts and respond to government investigations. She has worked with clients in a number of industries, including financial services, insurance, health care, defense and technology.

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Stacie litigates bid protests before the Government Accountability Office, the U.S. Court of Federal Claims, and state agencies and departments, conducts internal investigations, and responds to Inspector...

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Kristin Jones Pierre Labor & Employment Faegre Drinker Biddle & Reath Minneapolis, MN
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Kristin Jones Pierre advises management nationwide on complex workplace matters, including identifying long-term strategies and best practices to reduce employment-related legal risks while meeting business needs. She represents employers of all sizes, including public and private companies, emerging businesses, and nonprofit organizations.

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Kristin helps employers identify employment obligations, risks and liabilities from hiring practices to termination. Her experience includes advising employers on:

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