On July 25, 2023, an updated form from the Office of Federal Contract Compliance Programs (OFCCP) became required for all applicable federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act. The new form lists additional disabilities, expands the possible responses, and provides more descriptive and inclusive language. It also clarifies that completing the form itself is optional or voluntary.
Listing Additional Disabilities
Specifically, the revised form expands the list of disabilities to include more comprehensive examples. These additions encompass various conditions such as:
- Alcohol or other substance use disorder (not currently using drugs illegally);
- Mobility impairments;
- Neurodivergence (including ADHD, autism spectrum disorder, dyslexia, dyspraxia, and other learning disabilities);
- Partial or complete paralysis;
- Pulmonary or respiratory conditions, short stature (dwarfism); and
- Traumatic brain injury.
Simplified Response Options
Furthermore, to enhance clarity and streamline the self-identification process, the revised form simplifies and broadens the response options. Individuals completing the form can now select one of the following choices:
- “Yes, I have a disability, or have had one in the past.”
- “No, I do not have a disability and have not had one in the past.”
- “I do not want to answer.”
More Descriptive and Inclusive Examples
Lastly, the previous iteration of the form primarily highlighted a few specific disabilities, including cancer, hearing impairment, epilepsy, and intellectual disability.
The revised form, however, has taken a stride towards inclusivity by expanding its scope. The updated version now encompasses a wider array of examples, such as past or present instances of cancer, individuals experiencing deafness or severe hearing difficulties, individuals with epilepsy or other seizure disorders, and those with intellectual or developmental disabilities.
Bottom Line
If you’re a federal contractor or subcontractor, make sure you’re using the updated form to ensure compliance.
Ryan A. Olson is an attorney with Felhaber Larson in Minneapolis. He can be reached at rolson@felhaber.com.