Unfortunately, there is no right answer according to the law. There is nothing in the regulations per se that says that your knowledge of a service-related disability allows you to count an employee as an individuals with a disability. You're right in that there is a common-sense component to this where it certainly seems that if an employee is a disabled veteran, there are also an individual with a disability. However, there is nothing in the formal laws established by OFCCP on this point. I would suggest caution in changing any information that has been provided to you by an employee. Federal EEO law as enforced by EEOC and OFCCP provides protections for employees who have a physical or mental impairment, who have a record of such impairment, or who are regarded as having such an impairment. However, much of the law in this regard is centered around preventing discrimination. OFCCP is unique in that the agency has requirements to make an active effort to collect data on disability from employees. This data is used as part of an organization's evaluation of its outreach efforts. In order to collect data on disability, OFCCP has devised a specific form that must be presented to employees. This form gives employees the right to indicate that they are individuals with a disability. However, the form also gives employees the right to indicate they are NOT individuals with a disability. Changing whatever information you gather from OFCCP's self-ID form, even where there is abundant evidence to suggest there is good reason to make such a change, could be problematic to your employees, to OFCCP, and/or to other regulatory agencies involved in investigating possible disability discrimination. My suggestion, then, is to allow an employee to show as a disabled veteran AND as an individual who does NOT have a disability, even though this might seem contrary to common sense. I would strongly encourage you to seek input from legal counsel before changing any information you get from employees via disability self-ID forms.
