How to Request Voluntary Self-ID of Disability Status, and Conducting the Employee Survey is a 30-minute webinar presented by Beth Ronnenburg, President of Berkshire Associates. Attendees learn best practices for creating and conducting an employee survey to encourage employees to self-identify as a person with a disability. In 2014, OFCCP updates to Section 503 strengthened affirmative action requirements, creating a seven percent representation goal, and requiring employees to invite applicants and employees to self-identify as a person with a disability. Today, the OFCCP has taken a focused interest in ensuring contractors comply with Section 503. According to the regulation, employees must be invited to self-identify every five years. View the webinar today at https://bit.ly/2UjQ3yz and learn effective approaches for collecting disability status, and creating an environment where employees feel safe voluntarily self-identifying. It is important for federal contractors to take the necessary steps to ensure equal employment opportunity and affirmative action for individuals with a disability. View the webinar at https://bit.ly/2UjQ3yz.

1. Requesting Voluntary Self-
Identification of Disability Status
and Conducting the Employee
Survey
Beth Ronnenburg, President
Berkshire Associates Inc.
February 2019

2. Introduction
This presentation was prepared by Berkshire for
participants’ educational use. Participants should consult
with their Berkshire consultant or legal counsel before
implementing any strategies or actions discussed in this
presentation and should not consider this presentation,
or related materials, to be legal advice.

3. Agenda
• Review of Regulatory Requirements
• How Collected Data is Used
• How To Satisfy the Requirements
• Questions OFCCP May Ask
• Practical Tips for Increasing Voluntary Self-
Identification

4. Regulatory Requirement
60-741.42 Invitation to self-identify.
(a) Pre-offer.
(1) As part of the contractor's affirmative action obligation, the contractor shall invite applicants to
inform the contractor whether the applicant believes that he or she is an individual with a
disability as defined in §60-741.2(g)(1)(i) or (ii). This invitation shall be provided to each applicant
when the applicant applies or is considered for employment. The invitation may be included with
the application materials for a position, but must be separate from the application.
(2) The contractor shall invite an applicant to self-identify as required in paragraph (a) of this
section using the language and manner prescribed by the Director and published on the OFCCP
Web site.
(b) Post-offer.
(1) At any time after the offer of employment, but before the applicant begins his or her job duties,
the contractor shall invite the applicant to inform the contractor whether the applicant believes that
he or she is an individual with a disability as defined in §60-741.2(g)(1)(i) or (ii).
(2) The contractor shall invite an applicant to self-identify as required in paragraph (b) of this
section using the language and manner prescribed by the Director and published on the OFCCP
Web site.

5. Regulatory Requirement
60-741.42 Invitation to self-identify.
(c) Employees. The contractor shall invite each of its employees to voluntarily
inform the contractor whether the employee believes that he or she is an
individual with a disability as defined in §60-741.2(g)(1)(i) or (ii). This
invitation shall be extended the first year the contractor becomes subject to
the requirements of this section and at five year intervals, thereafter, using
the language and manner prescribed by the Director and published on the
OFCCP Web site. At least once during the intervening years between these
invitations, the contractor must remind their employees that they may
voluntarily update their disability status.
(d) The contractor may not compel or coerce an individual to self-identify
as an individual with a disability.

6. Regulatory Requirement
60-741.42 Invitation to self-identify.
(e) The contractor shall keep all information on self-identification
confidential, and shall maintain it in a data analysis file (rather than in the
medical files of individual employees). See §60-741.23(d). The contractor
shall provide self-identification information to OFCCP upon request. Self-
identification information may be used only in accordance with this part.
(f) Nothing in this section shall relieve the contractor of its obligation to
take affirmative action with respect to those applicants or employees of
whose disability the contractor has knowledge.
(g) Nothing in this section shall relieve the contractor from liability for
discrimination in violation of section 503 or this part.

7. How is this data used?
• Utilization Goals (60-741.45)
- 7% goal for each job group
• Exception for employers with 100 or fewer employees; their
analysis is for the entire workforce
- Evaluate the representation of IWDs within the
contractors workforce against the utilization goal
- When goals are not met, contractor needs to identify
problem areas and develop action oriented programs to
correct identified problem areas

8. How is this data used?
• Data Collection Analysis—60-741.44 (k) The contractor shall
document the following computations or comparisons pertaining
to applicants and hires on an annual basis and maintain them for a
period of three (3) years:
1) The number of applicants who self-identified as Individuals with
Disabilities pursuant to §60-741.42(a), or who are otherwise known
to be Individuals with Disabilities;
2) The total number of job openings and total number of jobs filled;
3) The total number of applicants for all jobs;
4) The number of applicants with disabilities hired; and
5) The total number of applicants hired.

9. New Scheduling Letter
 E.O. 11246 AAP
 Section 503 AAP
 Job group analysis
 IWD outreach assessment
 Audit and reporting system
 IWD applicant/hire
computations
 IWD Utilization Analysis
9
 EEO-1 report for last three years
 CBA, if applicable
 Reasonable accommodation
policies and requests
 Personnel Processes Assessment
 Physical and mental qualifications
assessment

10. Satisfying the Requirement
• Ensure you are using the OFCCP prescribed form for
gathering IWD data pre- and post-offer
- https://www.dol.gov/ofccp/regs/compliance/sec503/self_id_for
ms/selfidforms.htm
- If you have created an electronic fillable version of the form,
make sure you:
• Display the OMB number and expiration date;
• Contain the text of the form without alteration;
• Use a sans‐serif font, such as Calibri or Arial; and
• Use at least 11–pitch for font size (with the exception of the
footnote and burden statement, which must be at least 10–pitch
in size).

11. Satisfying the Requirement
• Test your self-identification process to ensure it is working as
intended
• Gather documentation on how and when your last employee
survey was completed
- Requirement came into effect March 14, 2014
- First survey needed to occur within 1st year based on plan date
(i.e. – January 1 plan date means you were required to complete
first survey by December 31, 2015)
- Reminder that employees can self-identify should have
occurred by now

12. Satisfying the Requirement
• Plan for next employee survey
- What is response rate?
- Has response rate/utilization rate changed since first
survey?
- Does it matter?
• Review your IWD metrics (Utilization Goals, Data
Collection Analyses)

13. OFCCP Follow-Up Questions
• Some job groups were found to not meet their goals for
Individuals with Disabilities, according to the Utilization
Goals analysis for Individuals with Disabilities. Did the
company take steps to determine whether and where
impediments exist? If so, explain what steps were taken
and whether any problem areas were identified in this
process. If problem area(s) were identified, what action-
oriented programs is the company putting in place to
correct the problem(s)? [See 41 CFR 60-741.45]

14. OFCCP Follow-Up Questions
• Date (year) of most recent employee survey inviting self-
identification as a person with a disability and total
number and percentage of employees who responded
(any response)
• Please provide your IWD data collection analysis for the
prior two years
• Please provide your IWD data collection analysis for the
update period

15. Practical Tips for Increasing Voluntary
Self-Identification
• Be thoughtful in how you will approach the survey
- Think of it more as a campaign than a task
- Proper communication is KEY!!!
• Utilize Employee Resource Groups (ERG) to assist in planning
• Show support from top level/key executives
• Utilize available resources
- Contractor best practices
- https://www.dol.gov/ofccp/regs/compliance/resources_selfid.htm

16. Upcoming Webinars
• March 6, 1:00 – 1:30 p.m.: Conducting a Mental & Physical Job Qualifications
Review
• March 13, 1:00 – 1:30 p.m.: Creating Required Auditing & Reporting Process
• March 20, 1:00 – 1:30 p.m.: Auditing Your Reasonable Accommodation Process
& Providing Information to OFCCP
• March 27, 1:00 – 1:30 p.m.: Evaluating Personnel Processes, Including Online
Systems
• April 3, 1:00 – 1:30 p.m.: Effectively Evaluating Outreach Towards Individuals
with a Disability
• April 10, 1 – 2 p.m.: Using balanceAAP to Prepare for a Section 503 Audit
• April 24, 1 – 2 p.m.: Common Employer Practices that May Impact Individuals
with a Disability

17. Thank you for attending!
Questions?

18. Contact us
For more information about any of the updates covered
in this presentation, please contact us at:
800.882.8904
webinars@berkshireassociates.com
For additional resources and a copy of this presentation,
please visit:
www.berkshireassociates.com/besource