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OFCCP Releases Mandatory Self-ID Form




by:
Cara Yates Crotty
Constangy, Brooks & Smith, LLP - Columbia Office

 
February 6, 2014

Previously published on January 24, 2014

The Office of Federal Contract Compliance Programs has issued the form that contractors must use to solicit self-identification of disability information from applicants and employees. The revised regulations require that contractors solicit this information from (1) applicants; (2) individuals who have been offered a job, but before they start work; (3) all employees within one year of being subject to these requirements of the new regulations; and (4) all employees on a five-year basis thereafter. The revised regulations mandate that contractors solicit this information "using the language and manner prescribed by the Director and published on the OFCCP website."

Although not in the regulations, the OFCCP is informally advising contractors that they may use this form either in its original hard copy format or electronically. If provided electronically, it must include the Office of Management and Budget control number and expiration date (which has not yet been provided), use the identical text in the identical order, and use a sans serif font of at least 11 point or larger.

The OFCCP has also finally explicitly answered questions about the timing for compliance with the new self-identification requirements under Section 503 of the Rehabilitation Act and the Vietnam Era Veterans' Readjustment Assistance Act. A contractor with an existing affirmative action plan in place before March 24, 2014 (the effective date of the revised regulations) will not be required to solicit pre-offer disability or VEVRAA status until the contractor updates its AAP. A contractor developing an AAP on or after March 24, 2014 must begin soliciting the pre-offer information from applicants as of the AAP date. In any event, the OFCCP is encouraging all contractors to begin soliciting the self-identification information from applicants as close to March 24, 2014 as practicable.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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Author
 
Cara Yates Crotty
Practice Area
 
Labor & Employment
 
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