May an employer ask employees to voluntarily self-identify as persons with disabilities for affirmative action purposes?
Yes. An employer may ask employees to voluntarily self-identify as individuals with disabilities when the employer is: • undertaking affirmative action because of a federal, state, or local law (including a veterans’ preference law) that requires affirmative action for individuals with disabilities (i.e., the law requires some action to be taken on behalf of such individuals); or, • voluntarily using the information to benefit individuals with disabilities.(79) If an employer invites employees to voluntarily self-identify in connection with the above-mentioned situations, the employer must indicate clearly and conspicuously on any written questionnaire used for this purpose, or state clearly (if no written questionnaire is used), that: (1) the specific information requested is intended for use solely in connection with its affirmative action obligations or its voluntary affirmative action efforts; and, (2) the specific information is being requested on a voluntary basis, that it will b
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