New Disability Self-ID Form: August 4 Deadline Has Arrived
Effective tomorrow (August 4, 2020) federal contractors and subcontractors must begin using the updated disability self-identification form (Form CC-305) required by U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). The revised version of the self-ID form must be used when inviting applicants and employees to disclose whether they are an individual with a disability. Today marks the end of a 3-month ramp-up for covered employers to incorporate the new self-ID into their electronic/online HRIS and applicant tracking systems. Failure to track applicants and engage in proper recordkeeping are the most frequently cited violations in an OFCCP audit.
This mandatory disability self-ID form’s language may not be modified, and makes several notable changes from the form that has been in use since 2014:
- The revised self-ID form has been streamlined down to a single page format.
- OFCCP updated and expanded the form’s list of typical disabilities. Examples now include fibromyalgia, heart disease, Crohn’s Disease, irritable bowel syndrome, migraine headaches, “low vision,” rheumatoid arthritis, “intellectual disability,” and depression or anxiety.
- OFCCP removed a paragraph about reasonable accommodation, which many employers believed triggered misinformation and accommodation requests that otherwise may not have occurred.
- There is new language informing employees that a covered employer must re-survey its employees about their disability status at least every five (5) years. For most federal contractors and subcontractors, the 5-year interval to re-survey their workforce has expired, so it must now be undertaken.
The revised disability self-ID form can be found here.
Practical Tip: Be sure to notify your applicant tracking system/HRIS vendor to make sure they are aware of the change, and that a software update has been programmed and provided. If your business has created its own job application process, be sure to have your in-house IT department implement this project immediately.
If you have questions about the new disability self-ID form, or about re-surveying your workforce now that most contractors are beyond their five (5) year interval, contact one of Miller Johnson’s Affirmative Action and Government Contractors attorneys.