By Benjamin Kerner
Federal contractors and subcontractors that meet jurisdictional thresholds may be due to re-survey their active workforces for disability status to remain compliant with Section 503 of the Rehabilitation Act of 1973 (Section 503). The regulations stemming from Section 503 outline contractor expectations and responsibilities related to recruiting, employing, and advancing individuals with disabilities in the United States.
Under these regulations, contractors must solicit self-identified disability status from applicants at both the pre- and post-offer stages. In addition, current employees must be invited to voluntarily self-identify their disability status at least once every five years. This requirement is particularly relevant for contractors whose most recent self-identification effort occurred in 2020 or 2021.
For both applicants and employees, contractors must use the disability self-identification form prescribed by the Department of Labor and the Office of Federal Contract Compliance Programs (OFCCP). All responses must be stored confidentially, maintained separately from personnel files, and kept inaccessible to individuals involved in making employment-related decision-making.
First-time federal contractors are required to extend this self-identification invitation to current employees within the first year of becoming a contractor. The five-year resurvey cycle begins after that initial invitation. In addition to these solicitation and re-solicitation obligations, contractors are also required to provide employees with at least one reminder that they may voluntarily update their disability status at any time. Contractors or subcontractors who have solicited this information compliantly within the last five years should confirm that a recurring reminder cadence is in place.
Compliance obligations related to individuals with disabilities and protected veterans are likely to be at the forefront of renewed OFCCP enforcement, particularly considering potential soon-to-be approved federal funding for 2026. Combined with the rescission of Executive Order 11246, these developments could increase both the significance of Section 503 compliance and the risk associated with failing to meet these requirements.
DCI will continue to monitor developments in the compliance space and share updates as they occur.