Office of Federal Contract Compliance Programs Implements New Disability Form

Federal contractors have until July 25, 2023 to implement a new disability form.  The updated form allows current and prospective workers to voluntarily self-identify as an individual with a disability.  While the individual workers’ disclosure of a disability is voluntary, federal contractors have a mandatory obligation to implement the new form.  With only about a month to go before the deadline approaches, federal contractors will need to turn their attention to this issue to ensure their compliance with federal regulations.

The Voluntary Self-Identification Form

On April 25, 2023, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (“OFCCP”) revised Voluntary Self-Identification of Disability Form (“CC-305”). OFCCP revised the form to update the preferred language for disabilities and to include additional examples of disabilities.  For convenience, the form can be found here. Additional information about the form is included in the OFCCP’s Frequently Asked Questions, found here.

Changes to the New Form

Changes have been made to existing categories and seven new categories of disabilities are added to CC-305.

Changes to existing categories include:

• “[A]nxiety” is now called “anxiety disorder,”
• “[D]epression” and “anxiety disorder” are now included under “Mental health conditions,” instead of previously used phrase “Psychiatric condition,”
• “Intellectual disability” is now called an “intellectual or developmental disability,” and
• “Cancer” has been expanded to “Cancer (past or present).”

The newly added categories include:

• “Alcohol or other substance abuse disorder (not currently using drugs illegally),”
• “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,”
• “Pulmonary or respiratory conditions, for example, tuberculosis, asthma, emphysema,”
• “Short stature (dwarfism),” and
• “Traumatic brain injury.”

It is anticipated that these revisions and additions will likely lead to more people identifying as an individual with a disability.

Federal Contractor Considerations

As a reminder, CC-305 must be provided to all applicants at both the pre-offer and post-offer hiring stages. The form must also be provided to current workers at least every five years, with at least one reminder about the form in the interim period when you are not providing the form. Additionally, if your business references CC-305 in its manuals or training materials, you will want to make sure that any and all references are updated to reflect the new form.

If you are a federal contractor and have any questions about CC-305 or your obligations under federal regulations, please feel free to contact Honigman’s Labor and Employment Attorneys here.