Under OFCCP’s new 503 regulations covering individuals with disabilities, employers are required to use a form prescribed by OFCCP to solicit disability status of applicants and employees. After receiving questions and input from contractors on an initial draft form, OFCCP has modified, and received approval of a final version of the form.
In response to feedback from the contractor community, OFCCP includes in the revised form an option for employees and applicants to indicate they are not disabled in addition to be able to decline to provide the requested information. This addition addresses one of the major concerns employers had with the previous version that did not allow responders to affirmatively state they are not disabled. The form also now contains a space for the individual to include their name.
Notably, however, the final form still contains the language from the initial version asking individuals not only to disclose if they have a disability but if they “ever had a disability.” As we discussed previously, this raises a number of concerns.
Additionally, though the Agency seemingly streamlined the form, the final form is longer than the original version with the accommodation notice (which invites individuals to request an accommodation and provides accommodation examples) falling to a second page.
We anticipate OFCCP will continue to provide insight and guidance in connection with this, and the other new requirements, so stay tuned for updates.