Federal Contractors and Subcontractors — You MUST Implement a New Voluntary Self-Identification Form for Disability On or Before July 25, 2023

08 May 2023 Labor & Employment Law Perspectives Blog
Author(s): Daniel A. Kaplan

In late April 2023, the Office of Federal Contract Compliance Programs (OFCCP) advised that a “new” Voluntary Self-ID form for disability has been issued by the Agency. Because the form was approved by the Office of Management and Business, it must be used in the form approved without any changes or alterations.

(There is one exception to the no alteration/changes requirement. Per guidance from the OFCCP, contractors and subcontractors may modify or delete the ‘For Employer Use Only’ section, which was added to “give contractors flexibility to enhance their recordkeeping for data analysis required by OFCCP's regulations.”) The form is presently only available in English (in both Word and PDF format), but other language formats should be coming in the near future.

The form is required to be used by all federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act. Section 503 prohibits discrimination of qualified individuals with a disability, similar to the Americans with Disabilities Act, for any business with a federal contract of more than $15,000. (Although Section 503 itself was never amended, a law passed during the Reagan administration resulted in an increase of the jurisdictional threshold requirement from $10,000 to the present $15,000 level. A useful OFCCP infographic depicting the jurisdictional thresholds for compliance with Section 503, Executive Order 11246 as well as VEVRAA can be found here.)

The new form must be used at the “pre-offer” stage (so that the business and the OFCCP — during a review — can determine what percent of applicants are persons with a disability) as well as after an offer of employment has been extended. In addition, the form should be used to updates a business’s employee pool information every five years.

In addition to the self-identification process, Section 503 requires businesses to develop and maintain an Affirmative Action Program (including a written plan) if the business has at least 50 employees and a single contract with a value $50,000 or more.

Should you require assistance in evaluating whether you are subject to the requirements of Section 503 or in the preparation or evaluation of your Affirmative Action Program, please reach out to your Foley attorney contact.

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