[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-250.42]

[Page 180-181]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-250_AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
 
                  Subpart C_Affirmative Action Program
 
Sec. 60-250.42  Invitation to self-identify.

    (a) Special disabled veterans. The contractor shall invite 
applicants to inform the contractor whether the applicant believes that 
he or she is a special

[[Page 181]]

disabled veteran who may be covered by the Act and wishes to benefit 
under the affirmative action program. Such invitation shall be extended 
after making an offer of employment to a job applicant and before the 
applicant begins his or her employment duties, except that the 
contractor may invite special disabled veterans to self-identify prior 
to making a job offer when:
    (1) The invitation is made when the contractor actually is 
undertaking affirmative action for special disabled veterans at the pre-
offer stage; or
    (2) The invitation is made pursuant to a Federal, state or local law 
requiring affirmative action for special disabled veterans.
    (b) Veterans of the Vietnam era. The contractor shall invite 
applicants to inform the contractor whether the applicant believes that 
he or she is a veteran of the Vietnam era who may be covered by the Act 
and wishes to benefit under the affirmative action program. Such 
invitation may be made at any time before the applicant begins his or 
her employment duties.
    (c) The invitations referenced in paragraphs (a) and (b) 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 invitations also shall summarize the relevant portions of the Act 
and the contractor's affirmative action program. Furthermore, the 
invitations 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. (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 a 
special disabled veteran 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.)
    (d) If an applicant so identifies himself or herself as a special 
disabled veteran, 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 Americans with 
Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, (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 in accordance 
with Sec. 60-250.23(d) on persons who have self-identified as special 
disabled veterans.
    (e) The contractor shall keep all information on self identification 
confidential. The contractor shall provide the information to OFCCP upon 
request. This 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 who are known to the contractor to be special disabled 
veterans or veterans of the Vietnam era.
    (g) Nothing in this section shall relieve the contractor from 
liability for discrimination under the Act.