On October 17, 2014, the Office of Federal Contract Compliance Programs (OFCCP) posted a new Frequently Asked Question (FAQ) that addresses the information contractors must store in order to demonstrate compliance with the requirement to invite self-identification of disability from applicants and employees. It provides options for electronic invitations. The Section 503 FAQs, can be found at: http://www.dol.gov/ofccp/regs/compliance/faqs/503_faq.htm with the new question and answer designated with “NEW” highlighted in yellow. The new FAQ is in the Self-Identification section.
The new FAQ provides some much-needed clarification regarding how contactors are required to maintain responses to the pre- and post-offer self-identification of disability form. If the contractor provides the form on paper, they must retain either a hard copy or electronic copy. If the contractor provides the form electronically, they may either retain electronic copies, hard copies, or if the electronic system does not store completed forms, they must retain a detailed log, spreadsheet or database of the data collected from each electronically completed form. If the contractor does not maintain copies of the individual responses, they must be able to show how they delivered the form, allowing compliance officers to verify that the OMB-approved form was used.
Regardless of how the contractor provides the invitation or how they store the responses, they are required to retain any log, spreadsheet, or database they may have developed to record the responses.
Please contact us by calling (732) 446-2529 or sending us an e-mail at glennbarlett@gbcs.net if you are interested in discussing the new FAQ.