When are Contractors Required to Identify Veterans with Disabilities?

Many Federal Contractors are left confused regarding their responsibility to solicit Veteran data in the application process, specifically when they are required to identify Veterans with Disabilities. This responsibility is in direct conflict with the American with Disabilities Act, so contractors are left wondering “should I ask” and “when should I ask” for Veteran’s to self-ID.  The EEOC provides guidance for soliciting such information as well as providing specific steps/wording that an employer should use on their voluntary self-ID forms. See the EEOC 's FAQ responses below for guidance.

Source: http://www.eeoc.gov/eeoc/publications/ada_veterans_employers.cfm

May an employer ask if an applicant is a "disabled veteran" if it is seeking to hire someone with a disability?
Yes. Although employers generally may not ask for medical information from applicants prior to making a job offer, they may do so for affirmative action purposes. See EEOC Enforcement Guidance: Pre-employment Disability-Related Questions and Medical Examinations Under the Americans with Disabilities Act of 1990 (1995) at www.eeoc.gov/policy/docs/preemp.html. An employer, therefore, may ask applicants to voluntarily self-identify as individuals with disabilities or "disabled veterans" when the employer is:

• undertaking affirmative action because of a federal, state, or local law (including a veterans' preference law) that requires affirmative action for individuals with disabilities; or,

• voluntarily using the information to benefit individuals with disabilities, including veterans with disabilities.

An employer also may ask organizations that help find employment for veterans with disabilities whether they have suitable applicants for particular jobs and may access websites on which veterans with disabilities post resumes or otherwise express interest in employment.

What steps should an employer take if it asks an applicant to self-identify as a "disabled veteran" for affirmative action purposes?
If an employer invites applicants to voluntarily self-identify, the employer must indicate clearly and conspicuously on any written questionnaire used for this purpose, or state clearly (if no written questionnaire is used), that:

• the information requested is intended for use solely in connection with its affirmative action obligations or its voluntary affirmative action efforts; and

• the specific information is being requested on a voluntary basis, it will be kept confidential in accordance with the ADA, refusal to provide it will not subject the applicant to any adverse treatment, and it will be used only in accordance with the ADA.

Information collected for affirmative action purposes must be kept separate from the application to ensure that confidentiality is maintained.

To read more about Veterans and American with Disabilities Act (ADA) click on the following link:

http://www.eeoc.gov/eeoc/publications/ada_veterans_employers.cfm