(a) The contractor shall, after making an offer of employment to a
job applicant and before the applicant begins his or her employment
duties, invite the applicant to inform the contractor whether the
applicant believes that he or she may be covered by the act and wishes
to benefit under the affirmative action program. The contractor may
invite self-identification prior to making a job offer only when:
(1) The invitation is made when the contractor actually is
undertaking affirmative action for individuals with disabilities at the
pre-offer stage; or
(2) The invitation is made pursuant to a Federal, state or local law
requiring affirmative action for individuals with disabilities.
(b) The invitation referenced in paragraph (a) of this section shall
state that a request to benefit under the affirmative action program may
be made immediately and/or at any time in the future. The invitation
also shall summarize the relevant portions of the act and the
contractor's affirmative action program. Furthermore, the invitation
shall state that the information is being requested on a voluntary
basis, that it will be kept confidential, that refusal to provide it
will not subject the applicant to any adverse treatment, and that it
will not be used in a manner inconsistent with the act. If an applicant
so identifies himself or herself, the contractor should also seek the
advice of the applicant regarding proper placement and appropriate
accommodation, after a job offer has been extended. The contractor also
may make such inquiries to the extent they are consistent with the ADA
(e.g., in the context of asking applicants to describe or demonstrate
how they would perform the job). The contractor shall maintain a
separate file on persons who have self-identified and provide that file
to OFCCP upon request. This information may be used only in accordance
with this part. (An acceptable form for such an invitation is set forth
in Appendix B of this part. Because a contractor usually may not seek
advice from an applicant regarding placement and accommodation until
after a job offer has been extended, the invitation set forth in
Appendix B of this part contains instructions regarding modifications to
be made if it is used at the pre-offer stage.)
(c) 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.
(d) Nothing in this section shall relieve the contractor from
liability for discrimination under the act.
