In another instance of OFCCP responding to feedback from the contractor community, OFCCP stated today in a FAQ that if you use an electronic version of the required disability self-id form to solicit disability status, you need only retain the data, not the form or copy of the form.

The FAQ sets out the self-id options and retention obligations for employers:

Paper Forms:  If we use paper forms, we must either retain the forms or a reproducible electronic copy of the forms (e.g. PDF), as well as “any log, spreadsheet, or database that it may have developed to record the data from the self-identification forms.”

Electronic Forms:  Contractors using electronic forms may choose one of three options:

  • Keep an electronic version of the form (e.g. PDF) as well as the log or spreadsheet referenced above; or
  • Keep hardcopy printouts of the electronic form, and the log or spreadsheet; or
  • Keep only “a log detailed log, spreadsheet or database of the data collected from each electronically completed form, without copies of each individually completed form…”  In this case, contractors must be able to demonstrate for OFCCP how the information was collected, meaning provide a copy of the form used and show OFCCP the electronic process implemented for inviting applicants/employees to self-identify.

In another FAQ, OFCCP also clarified that where contractors have openings for a remote position, that opening should be listed with the state workforce agency “where the work unit, division, department or supervisor to which the employee will report or be assigned is located.” This may also give us more than one option.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.