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On May 8, 2020, the Office of Federal Contract Compliance Programs (OFCCP) announced an August 4, 2020, deadline for federal contractors and subcontractors to implement a new disability self-identification form to use when soliciting disability status from applicants and employees. The announcement came a few days after the Office of Management and Budget (OMB) approved a revised self-identification form that OFCCP first proposed in October 2019.

OFCCP explains the August 2020, implementation deadline will allow covered contractors time to incorporate the revised disability form into their electronic systems, including applicant tracking systems. OFCCP notes that covered contractors should continue using the disability self-identification form that technically expired in January 2020, until they implement the revised self-identification form.

The revised disability self-identification form alphabetizes, updates, and expands the list of disabilities. The approved form does differ from the proposed self-identification form.

Some of the notable additions or further refinements to the disabilities list include:

  • “Autoimmune disorder, for example, lupus, fibromyalgia, rheumatoid arthritis, or HIV/AIDS
  • Blind or low vision
  • Cardiovascular or heart disease
  • Deaf or hard of hearing
  • Gastrointestinal disorders, for example, Crohn’s disease, or irritable bowel syndrome
  • Nervous system condition for example, migraine headaches, Parkinson’s disease, or Multiple sclerosis (MS)
  • Psychiatric condition, for example, bipolar disorder, schizophrenia, PTSD, or major depression”

The revised form does not contain the reasonable accommodation language that was included in its predecessor. It also contains new language regarding the goal of having individuals with disabilities comprise 7 percent of the workforce, the requirement to ask employees to update their disability status at least every five years, promises that all information will be kept confidential, and information on OFCCP’s website for those who would like more information.

Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group will report on any further developments with regard to the disability self-identification form on the firm’s Affirmative Action/OFCCP blog.


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OFCCP Compliance, Government Contracting, and Reporting

The experienced attorneys in our OFCCP Compliance, Government Contracting, and Reporting Practice Group advise and defend federal contractors and subcontractors on jurisdictional, compliance, and enforcement issues relevant to government contracting, including those involving the Office of Federal Contract Compliance Programs (OFCCP).

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