41 C.F.R. § 60-741.42

Invitation to self-identify

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(a) Pre-offer. (1) As part of the contractor's affirmative action obligation, the contractor shall invite applicants to inform the contractor whether the applicant believes that he or she is an individual with a disability as defined in § 60-741.2(g)(1)(i) or (ii). This invitation shall be provided to each applicant when the applicant applies or is considered for employment. The invitation may be included with the application materials for a position, but must be separate from the application.

(2) The contractor shall invite an applicant to self-identify as required in paragraph (a) of this section using the language and manner prescribed by the Director and published on the OFCCP Web site.

(b) Post-offer. (1) At any time after the offer of employment, but before the applicant begins his or her job duties, the contractor shall invite the applicant to inform the contractor whether the applicant believes that he or she is an individual with a disability as defined in § 60-741.2(g)(1)(i) or (ii).

(2) The contractor shall invite an applicant to self-identify as required in paragraph (b) of this section using the language and manner prescribed by the Director and published on the OFCCP Web site.

(c) Employees. The contractor shall invite each of its employees to voluntarily inform the contractor whether the employee believes that he or she is an individual with a disability as defined in § 60-741.2(g)(1)(i) or (ii). This invitation shall be extended the first year the contractor becomes subject to the requirements of this section and at five year intervals, thereafter, using the language and manner prescribed by the Director and published on the OFCCP Web site. At least once during the intervening years between these invitations, the contractor must remind their employees that they may voluntarily update their disability status.

(d) The contractor may not compel or coerce an individual to self-identify as an individual with a disability.

(e) 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). See § 60-741.23(d). The contractor shall provide self-identification information to OFCCP upon request. Self-identification information may be used only in accordance with this part.

(f) Nothing in this section shall relieve the contractor of its obligation to take affirmative action with respect to those applicants or employees of whose disability the contractor has knowledge.

(g) Nothing in this section shall relieve the contractor from liability for discrimination in violation of section 503 or this part.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2014–2026 · leading case: ['associated Builders & Contractors, Inc. v. Shiu'], 30 F. Supp. 3d 25 (D.D.C. 2014).

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['associated Builders & Contractors, Inc. v. Shiu'], 30 F. Supp. 3d 25 (D.D.C. 2014). “Applying this same obligation to the pre-offer stage does not meaningfully depart from past practice and OFCCP sufficiently explained that “[traditionally, construction and transportation contractors who meet the basic coverage thresholds ... of section 503 have not been…”

Associated Builders & Contractors v. Patricia Shiu, 773 F.3d 257 (D.C. Cir. 2014). “42(a) of the Final Rule, which requires contractors to invite job applicants to indicate whether they have a disability, 41 C.F.R. § 60-741.42 (a), and by section 741.”

Cavienss v. Norwak Transit (D. Conn. 2025). “” 41 C.F.R. 60-741.42; see King v. Lutheran Child & Fam.”

Suchak v. Teksystems (10th Cir. 2026). “§ 793 ; 41 C.F.R. § 60-741.42 . It created Form CC-305, which invites current or prospective employees to self-identify as individuals with disabilities.”

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