OFCCP Removes Disability Self-ID and 7% Utilization Goal
A new Department of Labor final rule, effective September 21, eliminates the requirements for federal contractors to invite disability self-identification and meet a 7% utilization goal, citing conflicts with the ADA.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued a final rule eliminating the requirement for federal contractors to invite applicants and employees to self-identify as individuals with disabilities. The rule, which takes effect September 21, 2026, also retires Form CC-305 and removes the 7% disability utilization goal from Section 503 of the Rehabilitation Act.
The OFCCP concluded that these employer-initiated inquiries, even when voluntary, conflict with the Americans with Disabilities Act’s (ADA) restrictions on disability-related questions. This reversal requires contractors to take immediate action to update their hiring and employment workflows to mitigate ADA risk. While general nondiscrimination, accommodation, and recruitment obligations remain, the framework for measuring disability diversity has been fundamentally altered.
By the effective date, contractors must remove the self-ID invitations from their systems, update their written Affirmative Action Plans to delete the utilization analysis, and securely archive previously collected data. They should also verify that any veteran self-identification processes are kept separate and remain in place.