After overhauling the implementing regulations for Section 503 of the Rehabilitation Act of 1973, the Office of Federal Contract Compliance Programs (“OFCCP”) revised the Self-Identification Form that federal contractors must use to solicit disability status information from applicants and employees. Through changes to the regulations and requiring the use of the revised Self-Identification Form, the OFCCP hopes to enhance contractor accountability for compliance with Section 503, and ultimately increase employment opportunities for qualified individuals with disabilities. Contractors familiar with the old self-identification form will notice that the revised version is longer – two pages instead of one.
Starting on March 24, 2014, contractors beginning their compliance cycle must use the revised self-identification form to invite applicants to self-identify as an individual with a disability at both the pre-offer and post-offer phases of the application process. Contractors must also use the self-identification form to invite current employees to voluntarily self-identify as an individual with a disability the first year the contractor becomes subject to the final regulation, and once every five years thereafter. Additionally, at least once during the intervening years between these invitations, contractors must remind their employees that they may voluntarily update their disability status, which may, for instance, be accomplished through an email to all employees.
Bottom Line
While the OFCCP does not intend to penalize individuals for failing to meet hiring benchmarks or the utilization goals for individuals with disabilities, the OFCCP has made it clear that contractors who fail to comply with the revised regulations by, for example, failing to perform the requisite analyses, will be held accountable. Since the revised Self-Identification Form plays a significant role in performing the requisite analyses, contractors should revise their policies and/or procedures to ensure the form is appropriately used for new hires and current employees.