The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has published a notice in the Federal Register seeking public comments on proposed modifications to its disability data collection form. This solicitation for comments is part of a broader regulatory update and specifically relates to changes affecting the reporting requirements under Section 503 of the Rehabilitation Act of 1973.
Background on Section 503 and VEVRAA Regulations
On July 1, 2025, the OFCCP published a notice of proposed rulemaking (NPRM) titled, “Modifications to the Regulations Implementing Section 503 of the Rehabilitation Act“. The proposal aims to align the implementing regulations for Section 503 with Executive Order (EO) 14173 and EO 14219, while also removing provisions tied to EO 11246.
As we previously reported, the OFCCP also sought to remove the requirement for contractors to invite applicants and employees to self-identify their disability status and to analyze their progress toward the seven (7) percent utilization goal for individuals with disabilities. The OFCCP has now followed up on this proposal by seeking specific comments related to the information collection request.
Key Areas for Comment
The OFCCP is soliciting comments on specific key aspects of the data collection process under Proposed Revision of Information Collection Request:
- Necessity and Utility. Whether the collection of information is necessary and has practical utility for the proper functions of the OFCCP.
- Burden Estimate. Whether the OFCCP’s estimate of the burden related to the information collection is accurate, and whether the methodology and assumptions used are valid.
- Quality and Clarity. Suggestions on how to enhance the quality, utility, and clarity of the information being collected.
- Minimizing Burden. Ways to minimize the burden on those who are required to provide the information, including through the use of automated or other technological methods.
The deadline for submitting comments is October 24, 2025.
Next Steps for Employers
While no immediate changes to existing compliance requirements, such as affirmative action programs (AAPs), are in effect until the OFCCP finalizes any proposals, employers should take a proactive approach.
- Stay Informed: Keep abreast of the OFCCP’s final decisions regarding these proposals. The agency will likely publish the final rule in the new federal fiscal year after the comment period closes.
- Consider Submitting Comments: Federal contractors have a direct opportunity to provide feedback on the proposed changes. Comments can be submitted electronically via the Federal eRulemaking Portal at Regulations.gov by following the instructions for the specific docket.
- Review Current Procedures: Assess your current processes for collecting disability-related information and preparing affirmative action plans to ensure they align with existing regulations.
- Consult Legal Counsel: Seek expert advice to understand the potential implications of any final rule on your organization’s compliance obligations.
HR Works will continue to monitor this topic and provide more information as it becomes available.
