The regulations require that “contractors invite applicants to self–identify as IWDs 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 as IWDs every five years, using the prescribed language.” Contractors are required to use the OMB form, but there is no prescribed method that contractors should use to invite employees to self-identify every five years. When choosing the method to use, consider the kind of documentation or proof that your method will provide you. Will your records support that each employee received an invitation to self-identify? If you have 100 employees, can you prove that all 100 employees received an invitation? If you had an employee file a disability discrimination claim, and you were not aware the employee had a disability, will you be able to prove that you provided him/her an invitation to self-identify and the employee declined to self-identify? The concern I have with embedding the self-ID invitation in a newsletter is that, while you can prove that you sent the newsletter to all employees, that does not mean that every employee read the newsletter and therefore became aware of the invitation to self-identify. I would advise a more direct method for the invitation, that leaves no doubt that they received the invitation to self-identify. An email that goes out to all employees, where you can have a record of all employees who received the email, inviting them to self-identify, would provide you better documentation. You may also wish to add this invitation in the notices that HR sends out to employees to sign off on annually. Regardless of your method, make sure your documentation can prove that all of your employees received that invitation.

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.