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Voluntary Self-Identification of Disability: Is it Time for Contractors to Resurvey Their Workforces?

The regulations that updated Section 503 of the Rehabilitation Act of 1973 took effect on March 24, 2014. These updates required federal contractors and subcontractors to invite their employees to voluntarily self-identify their status as an individual with a disability using the Office of Federal Contract Compliance Programs’ (OFCCP) official invitation, Form CC-305. They further require that contractors resurvey their workforces at least once every five years, as well as issue at least one reminder between invitations. So it may be time for many contractors and subcontractors to conduct their resurvey if they have not already recently done so.

Changes to the Rehabilitation Act Will Allow More Job Opportunities for Those With Disabilities

On August 27, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced a Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) at 41 CFR Part 60-741. Section 503 prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities, and requires these employers to take affirmative action to recruit, hire, promote, and retain these individuals. The Final Rule strengthens the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire individuals with disabilities and improve job opportunities for those individuals, as well. Thus, the rule also makes changes to the nondiscrimination provisions of the regulations to bring them into compliance with the ADA Amendments Act of 2008.
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