OFCCP Extends Disability Regulation Comment Period

Quick Hits

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

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, along with removing 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. Over 150 comments have been submitted since the July 1 proposal was published.

On August 25, 2025, OFCCP published in the Federal Register the follow up to the July NPRM, titled “Proposed Revision of Information Collection Request,” which is related to the Section 503 proposed modifications. 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 now requested by October 24, 2025, meaning the government will be in a new fiscal year before OFCCP can finalize these regulatory 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 information collection request does not affect the separate NPRM that was also published on July 1, 2025, with respect to protected veterans under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). The comment period for the proposed changes to the VEVRAA regulations 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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