OFCCP Proposes Changes to Form CC-305 Voluntary Self- Identification of Disability

In an overall effort to increase the response rate of applicants and employees on the Voluntary Self...

Posted by Ana Casillas on November 17 2022
Ana Casillas

In an overall effort to increase the response rate of applicants and employees on the Voluntary Self-Identification of Disability form, also known as “Form CC-305”, the OFCCP is proposing changes as posted on the November 16, 2022, Federal Register. Currently, the OFCCP is soliciting comments concerning its proposal to obtain approval from the Office of Management and Budget (OMB). The proposal is subject to public comment until January 17, 2023.

What could change?

After consulting with the Department of Labor’s Office of Disability Employment Policy (ODEP), the agency has revised the list of disabilities in the form to reflect the current preferred language for the specific disabilities. Some of the proposed modifications include:

Current language:                                         Proposed language:

Cancer                                                            Cancer (past or present)

Epilepsy                                                            Epilepsy or other seizure disorder

Intellectual disability                                 Intellectual or developmental disability

Psychiatric condition                                       Mental health condition

Furthermore, the proposed form includes eight additional impairments or medical conditions identified as commonly meeting the definition of “disability”:

  • Disfigurement, for example, disfigurement caused by burns, wounds, accidents, or congenital disorders
  • Mobility impairment, benefiting from the use of a wheelchair, scooter, walker, leg brace(s) and/or other supports
  • Neurodivergence, for example, attention-deficit/hyperactivity disorder (ADHD), autism spectrum disorder, dyslexia, dyspraxia, other learning disabilities
  • Partial or complete paralysis (any cause)
  • Pulmonary or respiratory condition, for example tuberculosis, asthma, emphysema
  • Short stature (dwarfism)
  • Substance use disorder (not currently using drugs illegally), and
  • Traumatic brain injury

The OFCCP also proposed plain language edits and minor formatting changes on other sections of the form.

Under Section 503 of the Rehabilitation Act, contractors who meet the regulation’s threshold must invite applicants at the pre-offer and post-offer stages to voluntarily self-identify as an individual with a disability using the OMB-approved form posted on the OFCCP website. Contractors must also conduct an employee survey at five-year intervals, as well as remind employees at least once during the years of these invitations to voluntarily update their disability status at any time. The proposed changes seek to aid in tracking applicants and employees with disabilities to meet the contractor’s requirement of measuring the progress towards having at least 7% of individuals with disabilities in its workforce.

This will be OFCCP’s 3rd revision to the OMB-Form CC-305 since its first publication in 2014. To give federal contractors time to incorporate the revised form into their electronic systems, OFCCP will allow contractors 90 calendar days after OMB approves the new self-identification form to begin using it. Contractors must continue to use the current form approved by OMB which expires on 05/31/2023 until the proposal is finalized.

For more information on the proposed changes to the voluntary self- identification of disability form please visit https://www.regulations.gov/document/OFCCP-2022-0003-0004. The proposed form may be viewed at https://www.regulations.gov/document/OFCCP-2022-0003-0003.

Ana Casillas
Ana Casillas
Ana Casillas, MBA, Sr. CAAP, is a compliance expert with more than 10 years of experience in providing AAP services and insights into the OFCCP regulatory environment.

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