OFCCP Proposes Eliminating Disability Self-Identification and Analysis Requirements

The Office of Federal Contract Compliance Programs is proposing to eliminate longstanding disability compliance requirements, including self-identification, utilization analyses, and applicant tracking. If approved, OFCCP’s two Notices of Proposed Rulemaking (NPRM) would modify agency regulations that implement the nondiscrimination and affirmative action requirements of Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA).

While the VEVRAA NPRM is largely administrative — and aligns with a corresponding proposal connected to rescinding Executive Order 11246 regulations, OFCCP’s proposed Section 503 changes are significant.

Regarding Section 503, OFCCP proposes to remove:

(1) any requirement to solicit disability status from applicants or employees;

(2) the need to conduct a disability utilization analysis; and

(3) tracking the disability applicant and hire metrics used to assess Section 503 outreach.

Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.