OFCCP’s Updated Form for Voluntary Self-Identification of Disability

Federal contractors and subcontractors should update the form used to invite individuals to identify as having a disability. On April 25, 2023, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs (OFCCP) updated Voluntary Self-Identification of Disability form. Federal contractors or subcontractors with 50 or more employees and a single contract of $50,000 or more are required to use the OFCCP’s form to invite applicants, new hires and (at least every 5 years) current employees to self-identify as an individual with a disability. If your company does business with the federal government or a federal agency, or if you provide services (other than construction) or supplies to another company that are needed for that company to complete a federal contract, now is a good time to review your compliance with the invitation requirements and update your forms. 

Several years ago, as part of changes made to the affirmative action compliance requirements under Section 503 of the Rehabilitation Act, the OFCCP issued an OMB approved form for federal contractors and subcontractors to use for their invitations to self-identify. The form is required if the contractor is subject to the affirmative action program requirements under Section 503. Contractors can convert the form into a digital format, but the language must remain the same. 

The most significant change in the updated form is an expansion of the examples listed of medical conditions that may be a disability. The expanded list may result in more individuals identifying as having a disability, which can help contractors show that they are meeting the goals related to the employment of such individuals. The form must also be provided in the individual’s preferred language.  

Federal contractors and subcontractors have until July 25, 2023, to begin using the new form (or the language on the form) in their applicant, new hire and employee invitation processes. As a reminder, all language on the form, including the OMB number and date, must be used. The only portion that contractors may modify or delete from the form is a new "For Employer Use Only" section, which the OFCCP added to enhance employers’ recordkeeping for data analysis. 

If you have questions regarding this obligation or any other affirmative action obligation for federal contractors (or if you are not sure whether you are a federal contractor or subcontractor), please contact Tami A. Earnhart, a member of our Workplace Solutions Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.