US federal: OFCCP eliminates disability self-identification requirement: What federal contractors need to know before September 21

16 September 2026 4 min read

At a glance

The US Department of Labor (DOL) has issued a final rule rescinding federal contractor requirements to collect disability self-identification data, effective 21 September 2026.
The rule eliminates the obligation to invite applicants and employees to self-identify disabilities, collect related disability data, and apply the seven-percent disability utilisation goal.
Form CC-305, the voluntary disability self-identification form used by federal contractors since 2013, has been formally discontinued.
Core Section 503 obligations remain in force, including non-discrimination requirements, reasonable accommodation duties, affirmative action programme obligations, and recordkeeping requirements.
Federal contractors should review recruitment, onboarding and compliance processes before 21 September 2026 and assess whether any state or local disability reporting obligations continue to apply.

If your organization is a federal contractor that uses Form CC-305 to collect voluntary disability self-identification data from applicants and employees, a major compliance deadline is approaching. On August 21, 2026, the DOL's Office of Federal Contract Compliance Programs (OFCCP) published a final rule that rescinds the disability self-identification requirement, among other key changes, effective September 21, 2026.

Here's what changed, what stays the same, and potential next steps for your organization.

What the final rule does

The final rule, titled 'Modifications to the Regulations Implementing Section 503 of the Rehabilitation Act of 1973, as Amended' (91 FR 54482), eliminates three key provisions of Section 503 implementing regulations:

41 CFR 60-741.42: The requirement for contractors to invite applicants and employees to self-identify their disability status.
41 CFR 60-741.44(k): The related disability data-collection and computation requirements.
41 CFR 60-741.45: The seven-percent utilization goal for individuals with disabilities and related utilization analyses.

DOL has also formally discontinued Form CC-305, the prescribed Voluntary Self-Identification of Disability form that contractors have used since 2013.

Why DOL made the change

DOL's rationale centers on a conflict between the Section 503 disability inquiry requirement and the Americans with Disabilities Act (ADA). Under the ADA, employers are prohibited from making pre-offer disability inquiries of job applicants (42 U.S.C. § 12112(d)(2)(A)), and post-employment inquiries are permitted only when they are job related and consistent with business necessity (42 U.S.C. § 12112(d)(4)(A)).

DOL concluded that the Section 503 invitation to self-identify, despite being labeled voluntary, constitutes an employer-initiated inquiry that the ADA explicitly prohibits. According to the OFCCP, 'A truly voluntary disclosure occurs when an applicant or employee volunteers his or her disability self-identification without being asked. When an employer hands the employee a form, that is clearly a request for information.'

The rule change also follows the revocation of Executive Order 11246, which rendered the utilization analysis framework unworkable because Section 503 analyses depended on job groups established under that now-revoked order.

What remains in effect

Federal contractors should note that the following Section 503 obligations are not affected by the final rule:

Non-discrimination: Contractors are still prohibited from discriminating against employees or applicants because of disability.
Reasonable accommodation: The duty to provide reasonable accommodation to qualified individuals with known disabilities remains fully intact.
Affirmative action programs (AAPs): Contractors meeting the AAP thresholds (ie, 50 or more employees and a federal contract of USD50,000 or more) must still maintain a Section 503 AAP, including policy statements, personnel process reviews, outreach, and audit/reporting systems.
Recordkeeping: General Section 503 recordkeeping requirements under 41 CFR 60-741.80 remain in effect.
The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA): The voluntary self-identification of protected veteran status under VEVRAA (41 CFR 60-300.42) is unaffected.

Key dates and deadlines

Final rule published in the Federal Register: August 21, 2026.
Core Section 503 changes effective (including rescission of the disability inquiry, utilization goal, and data collection requirements): September 21, 2026.
Administrative hearing procedure amendments effective: December 21, 2026

The final rule does not provide a grace period, phased implementation schedule, or transitional safe harbor before these effective dates.

Next steps for contractors

Federal contractors are encouraged to:

Stop using Form CC-305 no later than September 21, 2026. The form is being formally discontinued and should be removed from all application workflows, onboarding processes, and recurring employee surveys.
Avoid deleting historical data. The final rule does not require contractors to purge previously collected disability self-identification data. Existing recordkeeping requirements remain in effect, and historical data may be needed for OFCCP audits covering prior compliance periods. Keep it confidential and segregated from general personnel files.
Update their AAPs. Any Section 503 plan year beginning on or after September 21, 2026 will no longer include quantitative disability analytics, utilization analyses, or Form CC-305-derived data. There is no obligation to wind down analytics that were properly prepared for the current year.
Determine what they can still do. The ADA permits post-offer medical examinations and inquiries, provided they are applied uniformly to all entering employees in the same job category and the data is maintained confidentially. Nothing prohibits employers, after an offer has been made, from inviting employees to voluntarily self-identify, request reasonable accommodations, or seek assistance needed to perform the functions of their role. The key distinction is whether the self-identification process is voluntary and conducted in a manner consistent with ADA requirements.
Check their state and local obligations. Multiple states and localities, including Minnesota; Wisconsin; Cincinnati, Ohio; Louisville-Jefferson County, Kentucky; Madison, Wisconsin; Saint Paul, Minnesota; and San Diego, California, maintain independent disability data reporting requirements for their local contractors. These are grounded in state or local authority and are not rescinded by the federal rule change. Dual federal/state-local contractors are encouraged to evaluate whether independent obligations require continued collection and, if so, work with counsel to structure that collection in a way that manages ADA risk.

Looking ahead

As of the date of this publication, no court challenge or Congressional Review Act resolution has emerged. The final rule reflects DOL's view that employer-initiated disability self-identification requests are inconsistent with the ADA, while EEOC guidance has historically recognized certain voluntary self-identification practices in the Section 503 context. How employers reconcile these developments, particularly where state or local reporting requirements continue to apply, may warrant ongoing monitoring.

For more information, please contact the authors.