[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: 41CFR60-741.42]

[Page 210]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-741_AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
 
                  Subpart C_Affirmative Action Program
 
Sec. 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.