On April 25, 2023, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs’ (OFCCP) revised Voluntary Self-Identification of Disability Form (CC-305). Federal supply and service contractors and subcontractors subject to Section 503 of the Rehabilitation Act of 1973 (Section 503) now have until July 25, 2023, to adopt the updated form for applicants and employees to use to voluntarily self-identity as an individual with a disability.
Under Section 503, federal contractors and subcontractors with contracts worth more than $15,000 are prohibited from discriminating against applicants and employees because of physical or mental disabilities and are required to take affirmative action to employ and advance in employment qualified individuals with disabilities. Contractors subject to Section 503 are required to invite applicants to self-identify as disabled at the pre-offer and post-offer stages and to invite incumbent employees to update their self-identification every five years. In addition, contractors or subcontractors with at least 50 employees and a government contract of at least $50,000 must develop and maintain an Affirmative Action Program, including a written plan. Contractors must use the information disclosed in OFCCP’s self-identification form to support their required Affirmative Action Programs.
Federal contractors and subcontractors should determine whether they are subject to the requirements under Section 503 and evaluate the steps they must take to implement the new form into the pre-offer and post-offer stage so that this process is completed by July 25. For more information regarding Section 503 compliance and to find out whether you are subject to the requirements of Section 503, please contact Theresa Culver at Fonss & Estigarribia LLP at tkc@fellplaw.com and (858) 746-6483.