NT Lakis attorneys have submitted written comments to the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) in response to the agency’s announcement that it intends to seek renewal of the various paperwork requirements associated with the agency’s “Section 503” disability and “Section 4212” veterans regulations. In conjunction with its announcement, OFCCP has also indicated that it wants to make several minor modifications to its prescriptive disability self-identification form (Form CC-305), and more importantly is soliciting comments from the public on how the form (and the disability self-ID process) can be improved.
With respect to the changes OFCCP is proposing to the Form CC-305, although we support the agency’s attempt to make the form less prescriptive, we argue that the proposed changes do not address the fundamental flaw with the form – i.e., the fact that it is the only way that OFCCP allows a contractor to solicit an applicant’s or employee’s disability status. As a better approach, our comments recommend that OFCCP give contractors the flexibility to craft their own self-identification form as long as it satisfies applicable regulatory requirements regarding confidentiality and proper use of the data collected.
Our comments also request specific clarification that contractors be permitted to define the Section 503/Section 4212 “data collection analysis” items (commonly referred to as the “data metrics”) consistent with similar terms and data points already collected and maintained under Executive Order (E.O.) 11246, or otherwise in a way that makes sense for the contractor.
Members of the Center for Workplace Compliance (CWC) can read more here.