Pre-and Post-Offer Self-Identification Forms

Date: 3/4/14
Title: Pre-and Post-Offer Self-Identification Forms

We know that there is much confusion about what can and cannot be asked of an applicant (pre-offer) and an employee (post-offer) in light of the revisions to VEVRAA and Section 503. If you have an applicant tracking system, it is likely that the pre-offer applicant self-identification form will be updated in the system, but it would be prudent to double-check. You are required to comply with the changes to the regulations and start using these new forms at your next AAP plan update after March 24, 2014.

We have provided sample pre-and post-offer self-identification forms in MS Word so that you can tailor them with your company name.  We have also provided the mandatory OFCCP pre-and post-offer self-identification form for individuals with disabilities (IWDs) to comply with Section 503 of the Rehabilitation Act. You cannot make any changes to this form.

 The following summarizes the pre-and post-offer voluntary self-identification requirements. 

 Pre-Offer Requirements

  • Request self-identification of race, gender, and protected veteran status only.  You must provide the definitions of the protected veteran categories but not require the applicant to identify the specific category.
  • Request self-identification of a person with a disability, using the mandatory OFCCP form.

 Post-Offer Requirements

  • Request self-identification of race, gender, and specific protected veteran category.
  • Request self-identification of a person with a disability, using the mandatory OFCCP form.

 To comply with Section 503, you will also need to survey your employees on the following schedule:

  • 1st year – we suggest that you do this at your first AAP update after 3/24/14
  • Every five years
  • In the interim, you must send out a reminder of the employee’s ability to change their status to an individual with a disability, as appropriate.
  • Even though not required, you can survey your employees on a more regular basis.

 All self-identification forms must be kept confidential and separate from the personnel or medical file.  Ensure that your organization has a procedure to address requests for accommodations.  All requests should be handled on a case-by-case basis.    According to a recent OFCCP webinar, contractors are encouraged to provide additional information about reasonable accommodations at the same time they invite voluntary self-identification of a disability. This may include the name and contact information of the person responsible for processing the requests for accommodations. Contractors should include a statement on their career’s page of their website with this information or it can be provided with the mandatory self-identification form.

Even though the use of basic qualification screening questions is acceptable; VEVRAA and Section 503 prohibits contractors from using qualification standards and selection criteria that screen out or tend to screen out an individual with a disability or protected veteran unless the contractor can show that the standard is job-related and consistent with business necessity. Contractors may not use selection criteria that relate to the essential function of the job to exclude a disabled veteran or an individual with a disability if the person can satisfy the criteria with a reasonable accommodation.

Disclaimer: The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the U.S. Department of Labor. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.