CWC Urges OFCCP To Give Contractors Flexibility Regarding Disability Self-ID Rules

January 25, 2023

What's New

CWC has submitted comments to the Labor Department’s Office of Federal Contract Compliance Programs, asking it to give federal contractors flexibility in soliciting an applicant’s or employee’s disability status.

Current OFCCP regulations require a contractor to use OFCCP’s disability self-identification form (CC-305) without modification, despite ample evidence that the form is not effective in encouraging individuals to respond.

We filed our comments January 17 in response to OFCCP’s request for public input on its intent to seek approval to continue the paperwork requirements associated with its Section 503 disability and Section 4212 veterans regulations. Although OFCCP is proposing some minor tweaks to the CC-305, its proposed changes would not give contractors an alternative method for soliciting the disability status of an applicant or employee.

What It Means

CWC believes that self-ID responses from people with disabilities would increase if contractors had some flexibility to make Form CC-305 consistent with their corporate culture. Our comments suggest that OFCCP adopt an approach like that of Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act, which requires veteran self-identification to be voluntary and data to remain confidential but otherwise lets contractors develop the veteran self-ID form as they see fit.

OFCCP will analyze the comments it receives before it submits a final approval request to OMB. Once that occurs, there will be an opportunity to submit comments to OMB before OMB acts on OFCCP’s request.

What You Should Do

CWC members can discuss best practices for self-identification of disability status at an upcoming Conversation Corner.

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