Hunton Employment & Labor Perspectives

Since 2014, OFCCP-covered employers have been required to invite job applicants, pre-offer, to disclose their disability status via a form prescribed by the OFCCP.  The information thus obtained helps employers analyze (1) the efficacy of their diversity recruiting efforts and (2) hiring rates of persons with disabilities.

This week, the Agency unveiled a modified format for that invitation. OFCCP hopes the revised form will increase the response rate for applicants and employees, who are often reluctant to disclose disabilities.  The form incorporates some changes requested by employers, and reduces the invitation to a single page.

Covered federal contractors and subcontractors must begin using the new form by August 4, 2020.    The new form can be accessed here.

Notable changes to the form include:

• The “Reasonable Accommodation Notice” is removed (contractors should still have such a notice at the start of their online job search processes, where the notice is more relevant and useful).
• The footnote citing to Section 503 of the Rehabilitation Act of 1973 is removed, and instead the law is cited in the body of the form.
• The new form has a section that can be customized by employers for recordkeeping. Employers can add information like job title, applicant number, or date of hire, to aid its applicant tracking.

OFCCP also has a FAQ section to aid employers with the invitation form.

Use of OFCCP’s form remains mandatory, and employers are not free to substitute their own versions.  OFCCP’s form must be incorporated into the employers’ application system, whether in traditional “paper” format or via an online process.  Whether applicants choose to provide the requested disability information, however, is wholly voluntary.