OFCCP Ends Disability Utilization Goals and Inquiries into Disability

On August 21, 2026, OFCCP published in the Federal Register a final rule eliminating the collection of information on disability from applicants and employees, and retiring the Office of Management and Budget (OMB)-approved form (Form CC-305) that federal contractors were required to use to invite self-identification. In taking this action, OFCCP relied on its view that the Americans with Disabilities Act (ADA) bars employer inquiries into an applicant’s status as an individual with a disability without exception and very substantially limits inquiries into an employee’s status as an individual with a disability. 

The new final rule takes effect September 21, 2026. Barring congressional action or a court-issued injunction, employers may no longer invite applicants to self-identify as to disability as of that date. Whether employers may continue to invite employees to self-identify remains an open issue, with OFCCP indicating that such invitations may only be extended when job-related and consistent with business necessity.

We recommend making no changes to applicant tracking systems or HR processes prior to September 21, as current law still requires the solicitation of this information and there is at least some possibility of a congressional response or legal action that will postpone implementation.

Barring such an event, employers may no longer use Form CC-305 after September 20.  

This development may create problems for state or local government contractors that are required to collect information on disability to satisfy state or local requirements. Since OFCCP is taking the position that the collection of this information violates the ADA, employers that continue to request information on disability may be at risk. On the other hand, ending the collection of information on disability could constitute a failure to comply with state or local obligations. Employers that face this dilemma should seek assistance from appropriate legal counsel.

The same day, OFCCP also published a final rule relating to the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of 1972. This rule makes mostly technical changes necessitated by President Trump’s revocation of Executive Order 11246. In particular, OFCCP revised the VEVRAA rules to include language that had previously been incorporated by reference to OFCCP’s rules implementing EO 11246. The final rule does not change the obligations of federal contractors to maintain affirmative action programs for protected veterans, invite applicants and employees to self-identify as protected veterans, and to measure the annual hiring of protected veterans against an OFCCP-determined benchmark.

Finally, OFCCP also formally rescinded the rules that had implemented the now-revoked Executive Order 11246. As these rules had no force following the revocation of the Executive Order in January 2025, their formal recission was expected.