41 CFR 60-741.42 - Invitation to self-identify.

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There is 1 rule appearing in the Federal Register for 41 CFR 60-741. View below or at eCFR (GPOAccess)
§ 60-741.42 Invitation to self-identify.
(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.

Title 41 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 41.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-09-24; vol. 78 # 185 - Tuesday, September 24, 2013
    1. 78 FR 58682 - Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Office of Federal Contract Compliance Programs
      Final rule.
      Effective Date: These regulations are effective March 24, 2014.
      41 CFR Part 60-741

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United States Code
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Executive Order ... 11758

Title 41 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 41 CFR 60-741 after this date.

  • 2013-09-24; vol. 78 # 185 - Tuesday, September 24, 2013
    1. 78 FR 58682 - Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Office of Federal Contract Compliance Programs
      Final rule.
      Effective Date: These regulations are effective March 24, 2014.
      41 CFR Part 60-741