April 28, 2023

OFCCP Updates Form to Invite Voluntary Self-Identification of Disability Status

On April 25, 2023, the Office of Management and Budget (OMB) approved the Office of Federal Contractor Compliance Program’s (OFCCP) updated Voluntary Self-Identification of Disability Form. The OFCCP explained that the form was revised to “update the preferred language for disabilities and to include additional examples of disabilities.” According to OFCCP guidance, federal contractors and subcontractors (contractors) must begin using the updated Voluntary Self-Identification of Disability Form no later than July 25, 2023.

Contractors subject to Section 503 of the Rehabilitation Act are required to invite applicants and new employees to voluntarily self-identify their disability status using the form. Additionally, contractors must survey their entire workforce by inviting their employees to self-identify disability status every five years, beginning the first year that they become subject to Section 503. At least once during the initial five-year period, contractors must remind their employees that they may voluntarily update their disability status at any time.

In the section of the form entitled “How do you know if you have a disability?,” the OFCCP emphasizes that the provided list of disabilities is intended to be examples rather than a complete list. The updated form both expands on the prior list of examples of covered disabilities and broadens the descriptions for certain example disabilities. The expanded list of example disabilities added the following:

  • Alcohol or other substance use disorder (not currently using drugs illegally)
  • Celiac disease
  • Mental health conditions (for example, depression, bipolar disorder, anxiety disorders, schizophrenia, PTSD)
  • Mobility impairment benefitting from the use of a wheelchair, scooter, walker, leg brace(s) or other supports
  • Neurodivergence, including but not limited to attention-deficit/hyperactivity disorder (ADHD), autism spectrum disorder, dyslexia, dyspraxia, and other learning disabilities
  • Partial or complete paralysis (any cause)
  • Pulmonary or respiratory conditions (for example, tuberculosis, asthma, emphysema, short stature [dwarfism])
  • Traumatic brain injury

Additionally, the updated form changed the possible response options for individuals filling out the form to clarify the inclusion of individuals with past disabilities. Previously, the first option read “Yes, I have a disability, or have a history/record of having a disability.” The form now invites the following responses:

  • Yes, I have a disability, or have had one in the past
  • No, I do not have a disability and have not had one in the past
  • I do not want to answer

Finally, contractors should also note that they are not permitted to alter the contents of the revised form except for the “For Employer Use Only” section.

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