As part of its ongoing effort to answer questions concerning last year’s Section 503 regulations, OFCCP recently posted a new FAQ that highlights how contractors may document compliance with the requirement to invite applicants and employees to self-identify a disability.  The FAQ clarifies how contractors may store the invitation to self-identify and the subsequent data flowing from either a paper or electronic invitation.

First, if contractors use paper copies of the OFCCP self-identification form, either the hard copies or electronic copies (such as PDFs or scanned files, among others) of the completed paper form must be retained.  Additionally, contractors must retain any logs, spreadsheets, or databases developed to record the resulting data from the self-identification form.

Second, when contractors use an electronic invitation, the FAQ explains that contractors have the option to retain:

  • Electronic copies (such as PDFs and scanned files, among others) of the electronically completed self-identification form, as well as logs, spreadsheets, or databases that may be developed to record the resulting data from the self-identification form;
  • Hard copies of the electronically completed self-identification form, in addition to logs, spreadsheets, or databases that may be developed to record the resulting data from the self-identification form; or
  • Detailed logs, spreadsheets, or databases that collect data from the electronically completed form, without copies of each individually completed form if the electronic system does not store completed forms.  However, if contractors’ electronic system does not store individually completed forms, contractors must demonstrate how the voluntary invitation to self-identify was delivered or displayed.  This allows compliance officers to verify that contractors met their obligation to use the OMB-approved form.