July 11, 2020

Volume X, Number 193

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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
Associate

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.

Litigation and Investigations

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...

612-766-8777
Kristin Jones Pierre Labor & Employment Faegre Drinker Biddle & Reath Minneapolis, MN
Partner

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.

Employment Counseling

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

  • Hiring practices, including recruitment, non-discrimination, non-competition, pre-employment testing, background checks, offer letters and employment agreements
  • Preparing covenants not to compete, confidentiality and trade secret agreements, and advising on their enforceability
  • Wage and hour issues under the Fair Labor Standards Act (FLSA) and state laws, including classification of employees as exempt or non-exempt
  • Preparing employee handbooks and other personnel policies and practices
  • Developing policies and practices to manage accommodation and leave issues, including advising on employee rights under the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), state laws and local ordinances
  • Complex employee discipline and discharge matters, including drafting disciplinary documentation, severance plans, and separation and release agreements
  • Best practices for managing voluntary and involuntary workforce reductions and related employee communication, including developing and implementing plans and severance and release agreements, in compliance with the Worker Adjustment and Retraining Notification Act (WARN), Age Discrimination in Employment Act (ADEA) and the Older Workers Benefits Protection Act (OWBPA)
  • Conducting audits of employment practices and procedures
  • Investigating allegations of harassment and discrimination

Affirmative Action and OFCCP Compliance

Kristin leads the firm’s affirmative action/OFCCP compliance team, which assists employers in designing affirmative action plans and represents government contractors during compliance evaluations and audits conducted by the Office of Federal Contract Compliance Programming (OFCCP) and state and local agencies. She guides and trains government contractors on affirmative action best practices, including legally compliant recruiting, selection, applicant tracking and performance management.

Employment Litigation

Kristin has served as lead counsel for employment-related litigation in nationwide federal and state courts and administrative agencies, including on claims of race, age and gender discrimination, sexual harassment and retaliation, enforcement of non-competes and restrictive covenants, and wage and hour disputes. Her trial and appellate practice provides Kristin with a valuable foundation to counsel clients on how employment decisions may be challenged and defended.

612-766-7875