Seyfarth Synopsis: The Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") recently revised its Voluntary Self-Identification of Disability Form CC-305 ("Form CC-305"). Federal contractors and subcontractors must begin using the new form by July 25, 2023. The updated Form CC-305 can be accessed here.
Voluntary Disability Self-Identification Requirements
Under OFCCP's regulations implementing Section 503 of the Disability Rights Act of 1973 ("Section 503"), contractors and subcontractors are required to invite applicants and employees to voluntarily self-identify as an individual with a disability at several stages of the selection and employment process. Specifically, contractors are required to invite applicants and employees to self-identify at the pre- and post-offer phases of the hiring process. In addition, contractors must provide all employees the opportunity to self-identify by conducting a survey every five years, and at least once in the intervening years, contractors must remind employees that they may voluntarily update their disability status. Unlike invitations for voluntary self-identification for race/ethnicity, sex, and protected veteran status, when soliciting voluntary disability self-identification, the OFCCP's prescribed Form CC-305 must be utilized.
Electronic Formatting
For those contractors that prefer to create an electronically fillable version of Form CC-305, certain requirements must be met. OFCCP permits an electronically fillable form as long as the electronic form:
- Displays the OMB number and expiration date;
- Contains the text of the form without alteration;
- Uses a sans-serif font, such as Calibri or Arial; and
- Uses at least 11-pitch for font size (except for the footnote and burden statement, which must be at least 10-pitch in size).
OFCCP specifies the minimum size and font type "to ensure the consistency of appearance, ease of reading, and the general accessibility of the form." The Agency further states that "[b]y using the OMB number and date, job applicants and employees know that the form is an officially approved government form."
Workplace Solutions
We encourage you to contact the authors of this article or a member of Seyfarth's People Analytics team for assistance complying with OFCCP's requirement to invite applicants and employees to voluntarily self-identify their disability status.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
