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OFCCP listens to contractor feedback about the Voluntary Self-Identification of Disability Form

2014-09-11

OFCCP listens and reacts to contractor feedback about the Voluntary Self-Identification of Disability Form.
 
At the ILG National Conference in August 2014, the OFCCP informed contractors that the Voluntary Self-Identification of Disability form is a “personnel or employment record” which must be preserved and that during an audit they could request to see the paper copies of the form.   The regulations require that the disability self-identification information be maintained “in a data analysis file (rather than in the medical files of individual employees) and also provides that the information “shall be collected and maintained on separate forms and in separate medical files…”  This is different than requiring the maintenance of a “form.”

The contractor community informed OFCCP that a paper copy of the form would not be available as the data is maintained in summary fashion in applicant tracking and HR information systems.  OFCCP readily admitted that they were not aware of how IT systems worked and thought that a paper copy would be available.  In response to this discussion, OFCCP requested approval to modify the form to allow for a drop-down menu of three optional responses, in lieu of checkboxes or radio buttons.  The revised forms would ask the question, “Do you have a disability” followed by a dropdown menu with three response options: (1) Yes, I have a disability (or previously had a disability, (2) No, I don’t have a disability; and (3) I don’t wish to answer.  In addition, the proposed form would allow an individual to leave the drop-down box empty. 

OFCCP has also requested approval of the form in seven languages, in addition to English and Spanish.