September 24, 2020

Volume X, Number 268

September 24, 2020

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September 23, 2020

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September 22, 2020

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Revised OFCCP Disability Self-Identification Form Approved

As we previously reported, in October 2019 OFCCP announced that it had submitted a request to the Office of Management and Budget (“OMB”) for approval of proposed changes to its Voluntary Self-Identification of Disability Form.  On May 8, 2020 the agency announced that OMB approved its proposed changes to the form.  The updated form is now available here.  In announcing the form, OFCCP stated “[w]e believe that the updated form will increase the response rate of applicants and employees who choose to voluntarily self-identify their disability status.”

The deadline for contractors to implement the new form into their applicant and employee systems and processes is August 4, 2020.  Contractors are instructed to “continue use of the form approved by the OMB in 2017 until they have incorporated the revised form.”  That version of the form can be found here.

Like the version of the form proposed in October 2019, the approved form adds autoimmune disorders, depression/anxiety, cardiovascular/heart disease, and gastrointestinal disorders to its disability example list.  It also adds broad categories of disability, such as “psychiatric conditions”, to consolidate previously individually listed disabilities like bipolar disorder and major depression.

The new form also permits contractors to modify the form to include recordkeeping information, such as the employee’s job title and date of hire.

© 2020 Proskauer Rose LLP. National Law Review, Volume X, Number 132

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About this Author

Guy Brenner, Labor Attorney, Proskauer Rose, arbitration proceedings Lawyer
Partner

Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues,...

202-416-6830
Caroline L. Guensberg Associate Labor & Employment Employment Litigation & Arbitration

Caroline Guensberg earned her J.D. from George Washington University Law School, graduating with honors. While attending law school, Caroline was a notes editor of the Federal Circuit Bar Journal and had her note published in the journal. Caroline was also a member of the Alternative Dispute Resolution Board and served as a writing fellow and a dean’s fellow. In addition, Caroline worked as a legal intern for the United States Equal Employment Opportunity Commission and the Federal Mine Safety Commission.

Prior to joining Proskauer, Caroline was a judicial clerk for the Connecticut Appellate Court. Caroline earned a B.A. in English Literature and Political Science from Wake Forest University.

202-416-5873