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May 2023: Employers Have Until July 25, 2023 to Implement New OFCCP Disability Self-Identification Form

17 May

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Update Applicable to:

All federal contractors and subcontractors.

What happened?

On April 25, 2023, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form prospective and current employees must use to voluntarily self-identify as an individual with a disability.

What are the details?

The form is applicable to federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act, which requires contractors to invite applicants to self-identify as disabled at the pre-offer stage, and to invite new hires and incumbent employees to self-identify.  Federal contractors use this self-identification information to support required affirmative action programs.

The updated form contains several revisions that seek to update the preferred language for disabilities and includes additional examples of disabilities. These changes include:

  • Listing additional disabilities. The revised form includes, for example: alcohol or other substance use disorder (not currently using drugs illegally); mobility impairment benefiting from the use of a wheelchair, scooter, walker, leg brace(s) and/or other supports; neurodivergence, for example, attention-deficit/hyperactivity disorder (ADHD), autism spectrum disorder, dyslexia, dyspraxia, other learning disabilities; partial or complete paralysis (any cause); pulmonary or respiratory conditions, such as tuberculosis, asthma, emphysema; short stature (dwarfism); and traumatic brain injury.
  • More descriptive and inclusive examples of disabilities. The previous version of the form lists the following as disabilities: cancer, deaf or hard of hearing, epilepsy, and intellectual disability. The revised form is more inclusive by listing the following as disabilities: cancer (past or present); deaf or serious difficulty hearing; epilepsy or other seizure disorder; and intellectual or developmental disability.
  • Simplifying and broadening the response options to:
    • Yes, I have a disability, or have had one in the past
    • No, I do not have a disability and have not had one in the past
    • I do not want to answer

Of note, the revised form explains that “completing this form is voluntary.” The previous version of the form states, “identifying yourself as an individual with a disability is voluntary.”

Covered federal contractors and subcontractors have until July 25, 2023, to implement and use the new form, which expires on April 30, 2026.  Contractors must continue to use the OFCCP’s prior form until they have implemented the revised form.


For more information, please see the links below:

Voluntary Self‐Identification of Disability Form

Article 1, Article 2, Article 3, Article 4

What do employers need to do?

Contractors should review the links provided above and implement the newly required form prior to the July 25th deadline.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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