Revised OFCCP Disability Self-Identification Form Approved

Proskauer - Government Contractor Compliance & Regulatory Update

As we previously reported, in October 2019 OFCCP announced that it had submitted a request to the Office of Management and Budget (“OMB”) for approval of proposed changes to its Voluntary Self-Identification of Disability Form.  On May 8, 2020 the agency announced that OMB approved its proposed changes to the form.  The updated form is now available here.  In announcing the form, OFCCP stated “[w]e believe that the updated form will increase the response rate of applicants and employees who choose to voluntarily self-identify their disability status.”

The deadline for contractors to implement the new form into their applicant and employee systems and processes is August 4, 2020.  Contractors are instructed to “continue use of the form approved by the OMB in 2017 until they have incorporated the revised form.”  That version of the form can be found here.

Like the version of the form proposed in October 2019, the approved form adds autoimmune disorders, depression/anxiety, cardiovascular/heart disease, and gastrointestinal disorders to its disability example list.  It also adds broad categories of disability, such as “psychiatric conditions”, to consolidate previously individually listed disabilities like bipolar disorder and major depression.

The new form also permits contractors to modify the form to include recordkeeping information, such as the employee’s job title and date of hire.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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