As previously reported, the OFCCP made some revisions to the required disability self-identification form known lovingly as, “Form CC-305.” Those revisions have received final approval from the Office of Management and Budget, and the OFCCP is giving federal contractors until August 4, 2020 to cease using the “old” form and to start using the “new.”
For many contractors, that will mean updates to applicant tracking systems and employee self-service portals. For many of those contractors, these updates will be “customizations” in the parlance of many platform providers, for which there are likely to be additional charges.
English versions of the revised form are available in PDF and Microsoft Word formats on the OFCCP’s website here. Presumably, the agency will add versions of the form in other languages as they become available.
The pros and cons of the OFCCP’s revised form were discussed in a prior post, but there are a few more to highlight here.
First, we complained that the proposed revised form misstated the law with respect to contractors’ legal obligations. Specifically, the proposed form stated that the employer is “required by law to reach out to, hire, and provide equal opportunity to qualified people with disabilities,” when the law does not actually require employers to hire anyone. This language was significantly revised in the final form to conform with the law.
However, the proposed form misstated the law in another, more material way that still remains in the final approved form. The form states that “your answer,” i.e., your disability status, will “not be seen by selecting officials or anyone else involved in making personnel decisions.”
To be clear, that statement is not law.
And it is an unfortunate statement to place on a form that the federal government mandates all federal contractor employers use. Many of those employers engage in very active affirmative action efforts for individuals with disabilities that absolutely involve “selecting officials” seeing your disability status. Not to use against you, of course, but potentially for you.
And the OFCCP is currently actively encouraging federal contractor employers to engage in more active disability affirmative action efforts. Employers that do so might now have to explain this apparently contradictory statement on the disability self-identification form—a statement that should not be there to begin with.
The agency also:
- made some minor additional changes to the list of conditions commonly considered to be “disabilities;”
- added a line for employee identification numbers, in addition to name and date;
- clarified the “no” answer a bit better; and
- added a space for employers to modify the form for recordkeeping purposes.
Oddly, the font size shrank a bit as well.