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Self Identification Responses

Anonymous - Sep 19, 2016
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I have a few questions regarding self-identification under 503 and VEVRAA:

1) If an employee has answered ‘no’ on their disability self-identification form but the employer later finds that the employee can be classified as having a disability (through other medical documentation), can the employer override the self-id and count the employee in utilization analysis? Or must the employee voluntarily submit a new self-id form?

2) If an employee identifies and a disabled veteran but not as an individual with disability, can the disabled veteran response be used to override the disability response? Can the employer ask for clarification from the employee?

3) The VEVRAA FAQ’s indicate that an employer may use pre-offer veteran responses of ‘yes,’ even if the individual answers ‘no’ during post-offer. Has any further guidance been provided for similar situations that may occur with individuals with disabilities?

4) Instead of altering employee responses, could an employer create additional reports to show adjusted IWD/Veteran response? In addition to the required reports, these reports might show an adjusted or ‘unofficial’ figure where the employer has now included employees who responded ‘no,’ but has reason to believe otherwise. Would this type of reporting hold any value in case of an OFCCP audit?

1 Answer

Our Experts

Comprised of former OFCCP directors and respected thought leaders in OFCCP compliance, affirmative action, and EEO.

Ahmed Younies

President and CEO, HR Unlimited, Inc.

Alissa Horvitz, Esq.

Member Attorney, Roffman Horvitz, PLC

Allen Hudson, PHR, SHRM-CP

CEO, HudsonMann

Beth Ronnenburg, SPHR, SHRM-SCP

President, Berkshire Associates

Bill Osterndorf

President and Founder, HR Analytical Services

Carey Freitag

Human Resources Manager, Circa

Carla Irwin, Esq.

President, Carla Irwin & Associates, Inc.

Craig Leen

Board Member, Circa

David Cohen

President and Founder, DCI Consulting

Ellen Shong-Bergman

Former Director, OFCCP and Retired President, Ellen Shong & Associates,

Josh Roffman, Esq.

Managing Attorney, Roffman Horvitz, PLC

Lisa Kaiser, Esq.

Managing Partner, The Kaiser Law Group, PLLC

Marilynn L. Schuyler, Esq.

Senior Counsel, Seyfarth Shaw

Matt Nusbaum

Senior Consultant, Director, Biddle Consulting Group, Inc.

William E. Doyle, Jr., Esq.

Former Deputy Director, OFCCP Partner, McGuireWoods LLP

Zoe Ann Whitley

Manager, Consulting Services, Affirmity

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