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OFCCP Seeks to Tweak Disability Self-Identification Form

At a time when the Agency has begun embarking on Section 503 Focused Reviews, OFCCP continues work to prevent discrimination for individuals with disabilities. Last week, as national disability awareness month began, OFCCP quietly published a request to tweak its prescribed disability self-identification form.  The revisions seek to streamline the form and provide additional guidance to applicants and employees asked to complete the form seemingly in the hopes of increasing participation.

Importantly, this year marks the 5 year anniversary of the revisions to the Section 503 regulations, which created, for the first time, the obligation to solicit disability self-identification information from employees and applicants.  Per the revised regulations, after the inaugural data collection, contractors are required to re-survey their employee populations at least once every five years.  Thus, it is likely time for organizations to resurvey if they have not already done so.

Notably, the proposed form:

  • Expands the examples of disabilities to include Autoimmune disorders; Gastrointestinal disorders such as Crohn’s Disease, irritable bowel syndrome and celiac disease; Psychiatric conditions beyond PTSD; and, and Cardiovascular or heart disease.

  • Is now one page:  OFCCP proposes to remove the Reasonable Accommodation Notice on page 2 of the current form.

  • Provides more information regarding why applicants and employees are asked to complete the form.  For example, “We must make reasonable efforts to have at least 7% of our workforce be individuals with disabilities.”  What this really means is 7% of each AAP job group.

  • Apparently expands 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.”

OFCCP seeks your comments through December 2, 2019, “including specific suggestions for updating the form and for matching applicants with forms for affirmative action purposes using a method other than name.”

Jackson Lewis P.C. © 2020


About this Author

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

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...

F. Christopher Chrisbens, Jackson Lewis, litigation attorney, employment law, intellectual property legal counsel, OFCCP compliance lawyer
Of Counsel

F. Christopher Chrisbens is Of Counsel in the Denver, Colorado, office of Jackson Lewis P.C. Over his years as a litigation attorney, manager, trainer and workplace investigator, Mr. Chrisbens has developed a diverse array of employment law skills serving employers in a variety of legal and corporate settings.

Mr. Chrisbens began his career as a litigator and appellate practitioner in Los Angeles, California, and later returned to Boulder, Colorado where he was partner in a Boulder firm practicing in the areas of commercial, intellectual property and employment litigation.

Mr. Chrisbens joined Jackson Lewis after many subsequent years as the manager of affirmative action planning and OFCCP compliance in both the law firm and employer association settings. He now counsels, represents, and provides training to federal contractors in all facets of affirmative action planning and OFCCP compliance, including all phases of OFCCP compliance audits. Mr. Chrisbens has successfully and efficiently guided many federal contractors through OFCCP audits, including on-site investigations, compensation scrutiny and applicant tracking analyses. Mr. Chrisbens also provides customized on-site affirmative action and investigations training, and frequently accepts speaking engagements on both topics.