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Section 503 of the Rehabilitation Act of 1973 prohibits covered federal contractors and subcontractors from discriminating in employment against individuals with disabilities, and covered contractors must take affirmative action to recruit, hire, promote, and retain them.
Section 503 regulations strengthen the affirmative action provisions of the Rehabilitation Act to aid contractors in their efforts to recruit and hire individuals with disabilities. For more information on these regulations, the OFCCP has a fact page available. The OFCCP also has answers to frequently asked questions.
The general non-discrimination and affirmative action requirements of section 503 apply to federal contractors and covered subcontractors with a contract of $20,000 or more.1
The affirmative action plan requirements, including the creation of affirmative action plans and solicitation of disability information discussed below, apply to contractors and subcontractors with a contract of $50,000 or more and 50 or more employees.2.Section 503 regulations require that contractors annually document and update several quantitative comparisons for the number of individuals with disabilities who apply for jobs and the number they hire. The collection of this data is intended to assist contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years so the OFCCP can spot trends.
The regulations also have voluntary self-identification procedures requiring covered contractors to invite applicants to self-identify as individuals with disabilities at both the pre-offer and post-offer phases of the application process, using language prescribed by OFCCP. The regulations also require that contractors invite their employees to self-identify every five years, using the prescribed language. The contractors must implement specific processes when soliciting this type of information.
The OFCCP has created a voluntary Self Identification of Disability form that covered contractors must use to invite applicants to self-identify. There are strict rules. Unlike the VEVRAA rules which provide only sample forms, this is a mandatory form that must be used by covered contractors.
1. 48 C.F.R. sec. 22.1403
2. 41 C.F.R. sec. 60-2.1