As we reported a few weeks ago, U.S. Department of Labor’s OFCCP recently issued significant changes to federal contractor EEO compliance requirements. Among the changes, OFCCP will no longer require contractors and subcontractors to invite applicants and employees to self-identify their disability status, effective September 21, 2026.

Prior to the changes, OFCCP mandated that contractors use a specific, prescribed disability self-ID form, entitled CC-305. We recommend employers cease using that form no later than, if feasible, September 21, 2026.

Some employers have decided to continue to invite applicants and/or employees to provide disability status via a self-ID form, while others have chosen to discontinue soliciting disability status. For those employers continuing to solicit disability status after September 21st, they should replace CC-305 with a new disability self-ID form.

From a legal perspective, there is no specific, prescribed language an employer must use in such an updated form. However, employers should exercise caution when developing a revised self-ID form. Specifically, we recommend employers consider EEOC’s guidance on soliciting disability data from applicants and/or employees.

Silberman Law is providing legal advice to clients regarding the development and deployment of a new disability self-ID form for employers that will continue inviting applicants and/or employees to self-identify their disability status.

Silberman Law clients – please contact us if you seek legal advice and practical guidance regarding your options and best approach for your organization.

We recommend all contractors and subcontractors consider seeking legal counsel regarding your specific situation related to the continued solicitation of disability self-ID status and how best to implement whatever decision your organization makes.

*  *  *  *

If you have any questions, please contact the Silberman Law legal professional with whom you work, or simply reply to this email.