OFCCP kills disability self-identification and 7% utilization goal
Federal contractors must scrap Form CC-305 and disability data collection by September 21, 2026, but affirmative action obligations survive in revised form.
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has finalized a rule, effective September 21, 2026, fundamentally altering disability affirmative action for federal contractors. The rule eliminates the requirement for contractors to invite applicants and employees to self-identify as individuals with disabilities, thereby retiring Form CC-305. Consequently, the agency is also rescinding the 7% disability utilization goal and its associated data collection and analysis requirements.
This shift stems from the OFCCP’s conclusion that the self-identification mandate conflicts with the Americans with Disabilities Act (ADA). The agency justified its departure from prior precedent by citing the Supreme Court’s decision in Loper Bright v. Raimondo, which abandoned the long-standing Chevron deference framework. While the quantitative metrics are gone, core Section 503 obligations remain, including written affirmative action programs, nondiscrimination duties, and reasonable accommodation. Contractors must now develop non-quantitative methods, such as accessibility reviews and job-description barrier analyses, to measure the effectiveness of their outreach efforts. Counsel should prepare to update compliance systems by the effective date while monitoring for potential judicial challenges.