OFCCP Eliminates Disability Self-ID and Utilization Goals for Federal Contractors: Key Takeaways

Final Rule Reshapes Section 503 Obligations

On August 21, 2026, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a final rule that:

• eliminates the requirement that federal contractors invite applicants and employees to self-identify as individuals with disabilities;
• retires Form CC-305; and
• removes the 7% disability utilization goal.

The OFCCP concluded that these employer-initiated disability inquiries, even when framed as voluntary invitations, conflict with the Americans with Disability Act’s (ADA) restrictions on disability-related inquiries.

The rule takes effect September 21, 2026.

What Should Federal Contractors Do Now?

• Remove Form CC-305 and disability self-ID prompts from applicant and employee workflows, effective from September 21, 2026. Contact HRIS/ATS vendors if needed to begin reconfiguration. Be careful not to inadvertently also remove veteran self-ID.
• Archive historical disability data securely. Restrict access to previously collected CC-305 forms and disability self-identification data. Do not destroy records that may be needed for pending OFCCP audits or investigations.
• Update Section 503 Affirmative Action Plans (AAP) to remove references to the 7% utilization goal, utilization analysis and disability data collection. The written AAP requirement remains, but it will no longer include a disability utilization analysis. Outreach and recruitment obligations also continue, but the final rule does not require contractors to consider quantitative disability data when assessing the effectiveness of those efforts.
• Check state and local law. This federal rule does not preempt state or local requirements. Some jurisdictions may independently require disability data collection for government contractors.
• Stop voluntary disability data collection unless you have a specific reason to continue. While the rule does not prohibit continued collection if it’s ADA-compliant, many companies collected this data only because OFCCP required it. Continuing to collect it after this new rule takes effect carries ADA risk. Absent a legitimate business reason or state/local law obligation, the better practice is to stop. Note that the rule has no effect on veteran self-identification requirements under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA).
• Brief your HR, recruiting and compliance teams on the changes. Ensure they understand that the disability self-ID is being removed while all other nondiscrimination and accommodation obligations remain in effect.
• Consult counsel if you are under an active OFCCP audit. The rule applies prospectively. Consult with counsel on how it affects any pending audits or investigations.

Orrick’s employment teams are available to help you navigate these issues. Please reach out to Christina Bouchot, Seth Burns or your usual Orrick contact.