My sense is that no one should be viewing information regarding disability during the selection process. OFCCP requires companies to give applicants an opportunity to self-identify as an individual with a disability. The agency does not require, and does not encourage, companies to use this information during the selection process. While it might be helpful to know disability status of applicants in order to meet OFCCP's 7% utilization goal, OFCCP and EEOC would certainly find it problematic to allow individuals involved in the making hiring decisions to see disability information because of the potential for discrimination against candidates with disabilities. Recall that EEOC has only allowed OFCCP to capture this information at the pre-offer stage because OFCCP requires this collection in its formal regulations. For employers that are not federal contractors and subcontractors, EEOC still prohibits the collection of this information. This suggests that EEOC remains wary of having companies know about the disability of applicants (unless there is a request for accommodation in the application process). OFCCP, in turn, remains convinced there is extensive discrimination against individuals with disabilities, and is likely to assume that any review of disability information provided by applicants prior to selection may be a precursor to discrimination. In regard to veteran status, there would appear to be less potential for problems associated with managers or recruiters viewing this information on applicants. However, this is another situation where the OFCCP requirement is to give applicants an opportunity to self-identify. There is no requirement to consider this information during the selection process. In regard to veterans, OFCCP is likely to review outreach efforts, not selection processes during compliance reviews. Unless there is something that suggests there is active discrimination against veterans, OFCCP will focus on whether the ESDS listing requirement has been met and whether any substantive contacts have been made to organizations that can provide candidates who are veterans. I should note that there is much confusion about the disability utilization goal and the veteran hiring benchmark. The disability utilization goal is not tied to hiring; it is tied to the percentage of individuals with disabilities in the workforce. There are a variety of actions companies are required to take if the utilization goal is not being met which may or may not involve hiring and recruitment. The veteran benchmark, conversely, is a hiring benchmark, but there is no formal requirement in the veteran regulations to measure against the hiring benchmark, and no formal sanction for failing to meet the benchmark. (The hiring benchmark regulations essentially just require a benchmark be set.) Because of the way that the disability utilization goal and the veteran hiring benchmark have been constructed, there is effectively no reason for managers or recruiters to review veteran or disability information on applicants during the selection process. Please note that I'm providing general information here. You should talk to your legal counsel or affirmative action service provider if you want further information on this subject that may be more attuned to your specific situation.

You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.