The Office of Federal Contract Compliance Programs (OFCCP) approved the use of a revised voluntary self-identification of disability form (Form CC-305) on April 25.
The recently released form includes updated language and additional examples of disabilities. Federal contractors and subcontractors have until July 25, 2023, to implement the new form into their applicant and employee systems and processes. Contractors are required to use this form in order to be in compliance with Section 503 of the Rehabilitation Act of 1973 and its implementing regulations.
The applicable regulations require federal contractors and subcontractors to invite applicants and employees to self-identify their disability status using the OFCCP-prescribed form: (1) at the pre-offer stage of the application process; (2) after an applicant is offered a position but prior to starting work; and (3) by survey of the workforce every five years. In addition, at least once during the years between the survey invitations, contractors must remind their employees that they may voluntarily update their disability status at any time.
The regulations include an aspirational utilization goal of 7 percent to give contractors a yardstick against which they can measure the success of their efforts to reach out to and recruit individuals with disabilities. OFCCP’s national utilization goal, which is not a quota, will remain the same.
The new voluntary self-identification form is currently only available in English but will be available in other languages soon.
Christa Richer Cook is a member (partner) with Syracuse–based Bond, Schoeneck & King PLLC. She assists clients with their labor and employment issues, including internal investigations, unemployment insurance, wage and hour issues, workforce reductions, and more. Contact Cook at firstname.lastname@example.org. This article is drawn from Bond’s New York Labor & Employment Law Report blog.