Self Identification Requirements for Applicants with Disabilities

Self Identification Requirements for Applicants with Disabilities
and/or Veterans

By: Marife Ramos, Sr. Consultant Biddle Consulting Group

The release of the long-awaited “Internet Applicant” definition that went into effect on February 6, 2006 (formally titled “41 CFR Part 60–1 Obligation To Solicit Race and Gender Data for Agency Enforcement Purposes; Final Rule”) also gave rise to new recordkeeping requirements (41 CFR 60-1.12). As part of the recent update to the rule, contractors are required to solicit the gender and race information from all applicants. However, it does not specify the stage in the selection process when an invitation to self-identify must be extended to applicants. Since contractors are required to show good faith efforts in the solicitation of gender and race information from their applicants, it makes good business sense for contractors to extend an invitation to self-identify at the very first stage of the application process. Also, the employer could instead choose to solicit gender and race information in one or more of the succeeding stages of the selection process so long as the selection of race and gender is not required and can, in fact, be declined.

It is a different story however, when it comes to the solicitation of disability and/or veteran status of an applicant. The employer has a very small window of opportunity to solicit this information. The applicants’ disability and/or veteran status may not be solicited by contractors before a job offer is made. Invitations for self- identifications can only be made by contractors at the post-offer stage but before the applicant becomes an employee (i.e., on the payroll) (41 CFR 60-250.42).

What does this mean to contractors? It means that “in general,” contractors may not solicit disability and/or veteran status from their applicants in the same manner as the employers request for identification of race and gender. Self-identification invitations should only be made after a job offer is made but also NOT after the applicant becomes an employee.

In order to better address the self-identification requirements; contractors should consider developing two (2) self-identification forms for their applicants:

1) to solicit gender and race for applicants in general; and
2) to solicit disability and veteran status after a job offer is made but before official employment occurs (race and gender information can again be solicited at this stage).

It would also be a good idea to establish a well-defined system that will consistently remind those with recruitment and hiring responsibilities to provide a self-id form (which should include a solicitation of veteran/disability status) to an applicant who was offered a job but before such applicant becomes officially an employee. For example, include the self-id form with the employment packet that the prospective employee needs to complete before starting work (e.g., I-9, W-4, etc.).