Section 503 of the Rehabilitation Act of 1973, as amended, requires federal government contractors to invite applicants and employees to self-identify as “an individual with a disability,” as defined. The Office of Federal Contract Compliance Programs (OFCCP) recently published a revised invitation to self-identify; no part of the form may be modified or deleted except for the section titled “For Employer Use Only.” Contractors must implement the new form by July 25, 2023.

For purposes of this requirement, a contractor is defined as a “prime contractor or subcontractor holding a contract in excess of $10,000.” Invitations to self-identify must be made to applicants twice, as follows:

• Pre-offer. When the applicant applies or is considered for employment. The invitation may be included with the application materials for a position provided it is separate from the application.
• Post-offer. After the offer of employment, but before the applicant begins their job duties.

Invitations to self-identify must also be made to employees. Specifically, the invitation must be extended to all employees during the first year the contractor becomes subject to this requirement, and at five-year intervals thereafter. At least once during the years between these invitations, the contractor must remind their employees that they may voluntarily update their disability status at any time. Contractors may not compel individuals to self-identify, and all self-identification information must be kept confidential.

If you have any questions about implementing this requirement for your business, please contact your regular Armstrong Teasdale lawyer or the author below.