In our consulting work, we have seen a number of situations where an employee has disclosed a specific disability on OFCCP's self-identification form. It's always surprising when employees do this, but it happens more often than one might think (and certainly more often than OFCCP had expected). The invitation to self-identify disability is just that: an invitation to self-identify. Thus, it's difficult to think of a situation where you should ask an employee to complete a new form if they provide unexpected information. While there is no specific regulatory requirement that says "You must keep a self-identification form in the exact condition that an employee submits it" in the disability regulations, it's also difficult to imagine a situation where it makes sense to white-out the specifics an employee provides. The employee is allowed to self-identify. The self-identification form makes it clear the employee can ask for accommodation if they so choose. If you accept a self-identification form and white-out any specific information, you may be in an awkward situation if the employee comes forward with an accommodation request and makes it clear the company already had knowledge of the specific nature of the employee's disability, but used white-out to erase that information. The most important thing to do with self-identification form is to keep them separate from other personnel records. Self-ID forms should not go in the main personnel file nor into some kind of secondary personnel file kept by a manager or an HR rep. Self-ID forms should be kept in a secure place where they are not accessible to anyone other than persons who may need to see the self-ID form to provide accommodation or deal with a serious issue that arises at work. 41 CFR 60-741.42 says that "The contractor shall keep all information on self-identification confidential, and shall maintain it in a data analysis file (rather than in the medical files of individual employees)." It is not entirely clear what a "data analysis" file is, but it certainly is something different than the main personnel file or the personnel records kept under the general control of the HR department or an employee's supervisor.

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.