Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—OFCCP seeks feedback on section 503 voluntary self-ID form in connection with other proposed regulatory revisions, (Sep 18, 2025)

Law Firms Mentioned:Jackson Lewis

Organizations Mentioned:Jackson Lewis, PC | Office of Federal Contract Compliance Programs

By Laura A. Mitchell, Scott M. Pechaitis and Nicole Trotta of Jackson Lewis P.C.

On August 25, 2025, the Office of Federal Contract Compliance Programs (OFCCP) issued a new request for public comments on proposed revisions to its data collection and recordkeeping requirements under Section 503 of the Rehabilitation Act of 1973 (Section 503), which would include the withdrawal of the Voluntary Self-Identification of Disability form (OMB Control No. 1250-0005). The comment period is open until October 24, 2025.

The request is a companion to the Department of Labor's (DOL) earlier Notices of Proposed Rulemaking (NPRM), issued on July 1, 2025, to rescind Executive Order (EO) 11246 implementing regulations and modify the implementing regulations under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA), and specifically addresses federal contractors' affirmative action requirements under Section 503.

The Section 503 NPRM would substantially alter federal contractors' obligations as they pertain to individuals with disabilities. The proposed Section 503 rules would eliminate references to EO 11246 requirements, reflect the federal government's broader deregulatory initiatives, and seek to address potential conflicts with the American with Disabilities Act. Among other changes, the proposed rules would rescind self-identification requirements and eliminate contractors' utilization goal and analysis responsibilities. If finalized, these revisions would significantly scale back federal contractor's disability-related data collection obligations. As a result, earlier this month several U.S Senators wrote the Secretary of Labor Lori Chavez-DeRemer expressing their opposition to the rule.

The comment deadline for the NPRM was recently extended to September 17, 2025. The OFCCP's August 25, 2025, Section 503 NPRM request specifically calls for comments that:

Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information has practical utility;
Evaluate the accuracy of OFCCP's estimate of the burden related to the information collection, including the validity of the methodology and assumptions used in the estimate;
Suggest methods to enhance the quality, utility, and clarity of the information to be collected; and
Minimize the burden of the information collection on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g ., permitting electronic submission of responses.

Section 503 and its current regulations prohibit federal contractors and subcontractors from discriminating against applicants and employees on the basis of disability status. Covered contractors must also take affirmative steps to employ and advance individuals with disabilities. Applicant and employee data collection and analysis have been key components for monitoring and advancing these compliance obligations.

Contractors should closely monitor these developments. If the Agency determines that disability data collection is no longer required, contractors will need to promptly review and determine what adjustments may be warranted to their compliance and recordkeeping practices. Jackson Lewis attorneys are tracking these developments and evaluating the potential impact on federal contractors. If you have questions about how the OFCCP's proposed Section 503 regulatory changes may affect your organization, please contact a Jackson Lewis attorney.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Laura A. Mitchell, Scott M. Pechaitis and Nicole Trotta

Jackson Lewis P.C.

666 3rd Ave 28th Floor

New York

NY 10017

United States

Tel.: +1 212 545 4000

E-mail: myupdates@jacksonlewis.com

URL: www.jacksonlewis.com/

Attorneys: (Jackson Lewis).

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