The Office of Federal Contract Compliance Programs (OFCCP) has published a new self-identification form federal contractors (including subcontractors) must provide to individuals to request information concerning their disability status. OFCCP hopes the changes will increase applicant and employee response rates. Notably, the new form deletes the second page of the current form, which reminds applicants and employees of their right to ask the employer for reasonable accommodations to apply for a job or perform a job. Federal contractors must begin using this form on or before August 4, 2020.
As background, under OFCCP regulations implementing Section 503 of the Rehabilitation Act, covered federal contractors must provide an opportunity to voluntarily self-identify as an individual with a disability to (1) applicants (prior to giving an offer); (2) offerees (prior to starting employment); and (3) employees (every five years, with a reminder at least once during the intervening years). This invitation must be made using the specific form prescribed by OFCCP. Therefore, to stay in compliance with OFCCP regulations, contractors should ensure that they begin using the new self-identification form by August 4, 2020. In light of the deletion of the reasonable accommodation notice, employers should consider whether to provide a separate notice to applicants and employees of their right to request a reasonable accommodation. As a reminder, federal contractors continue to be required to satisfy separate requirements to provide invitations to voluntarily self-identify on the basis of race/ethnicity, gender, and veteran status.