Federal Contractors Must Use Form to Solicit Employee Disability Status

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On January 27, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released its self-identification form that federal contractors must use to solicit disability status information from applicants and employees. The form was published pursuant to the OFCCP’s new regulations covering a contractor’s affirmative action obligations under Section 503 of the Rehabilitation Act and is now available on the OFCCP’s website.

The regulations, which take effect on March 24, 2014, impose a number of new obligations on federal contractors. Included is the requirement that contractors must invite all applicants to identify as an individual with a disability at both the pre-offer and post-offer phases of the application process. The regulations also require contractors to invite existing employees to provide disability status once every five years, with at least one reminder during the intervening years that employees may update their status at any time. Contractors are required to use the text of the new OFCCP form “without alteration” when inviting applicants and employees to provide disability status. Although electronic versions of the form are permitted, a contractor’s e-form must mirror the agency’s published document, including the specific text, OMB number, and font size and type.

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