OFCCP Solicits Comments on Proposed Changes to Disability Data Collection Requirements

Quick Hits

• OFCCP solicited comments on the OMB form, relating to changes necessitated by the proposed modifications to the regulations implementing Section 503 of the Rehabilitation Act of 1973.
• The deadline to submit comments related to the form is October 24, 2025—which carries over into the federal government’s fiscal year 2026.
• The August 25, 2025, information collection request does not affect the deadlines for comments on proposed changes to Section 503 and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) regulations, which OFCCP published on July 1, 2025.

On July 1, 2025, OFCCP published in the Federal Register a notice of proposed rulemaking (NPRM), titled, “Modifications to the Regulations Implementing Section 503 of the Rehabilitation Act.” The proposal seeks to revise the implementing regulations for Section 503 of the Rehabilitation Act of 1973 to align with Executive Order (EO) 14173 and EO 14219, as well as remove provisions tied to now-revoked EO 11246. In addition to removing cross-references to EO 11246 in the Section 503 regulations, the proposal would rescind the requirements for contractors to invite applicants and employees to self-identify their disability status and to analyze progress toward the 7 percent utilization goal for individuals with disabilities. More than 150 comments have been submitted since the July 1 proposal was published.

On August 25, 2025, OFCCP published in the Federal Register a follow-up to the July NPRM, titled, “Proposed Revision of Information Collection Request.” In this publication, OFCCP specifically solicits comments focused on:

• whether the collection of information is necessary for the proper performance of the functions of OFCCP, including whether the information has practical utility;
• whether OFCCP’s estimate of the burden related to the information collection, including the validity of the methodology and assumptions used in the estimate, is accurate;
• suggested methods to enhance the quality, utility, and clarity of the information to be collected; and
• minimizing the burden of information collection on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Comments are requested by October 24, 2025, meaning that the government will likely be in a new fiscal year before OFCCP finalizes its various Section 503 updates.

Existing compliance requirements including preparation of affirmative action programs (AAPs) and other technical requirements are unchanged in the interim, as regulations remain in effect until OFCCP finalizes any proposals.

OFCCP’s August 25, 2025, information collection request does not affect the separate NPRM that was published on July 1, 2025, with respect to Section 503, as well as protected veterans under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). The comment period deadline for those proposed regulatory updates remains September 2, 2025.

Ogletree Deakins’ Government Contracting and Reporting Practice Group and Workforce Analytics and Compliance Practice Group will continue to monitor developments and will provide updates on the Diversity, Equity, and Inclusion Compliance, Government Contracting and Reporting, Government Contractors, and Workforce Analytics and Compliance blogs as additional information becomes available.

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