OFCCP Ask the Experts
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question.
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  • Voluntary Self Identification Form - Guidelines for Federally Assisted Contractors
    Asked by Human R. - Feb 09, 2017
    As part of our application process thru The Local Job Network, we have applicants respond to the Voluntary Self-Identification Form - is this a requirement for a Construction Contractor who only works on federally assisted contracts, and would we also be required to follow the guidelines in which we present after hire and every 5 years?

    If we work on Davis Beacon projects - does that make any difference in our obligations?

    Thank you!
    Answered by Roselle Rogers from Local JobNetwork™ - Feb 15, 2017
    The requirements for construction contractors and federally-assisted construction contractors are different. Construction contractors covered under VEVRAA and Section 503 are required to ask applicants and new hires to self-identify if they are a protected veteran or an individual with a disability. This obligation does not apply to federally-assisted construction contractors. Pam Ploor has written an excellent two-part article that was published in The OFCCP Digest that lays out the compliance obligations of construction contractors and the difference between a construction contract and a federally-assisted construction contract. I would encourage you to read her article.

     
  • Self Audit Check List
    Asked by Anonymous - Feb 03, 2017
    We would like to perform a self-audit on our processes. Does anyone have a check list they could share?
    Answered by Carla Irwin from Carla Irwin & Associates, Inc. - Feb 07, 2017
    Here are some tools the OFCCP has made available:

    Checklist for Compliance with Section 503
    https://www.dol.gov/ofccp/regs/compliance/ChecklistforCompliancewithSection503_JRF_QA_508c.pdf

    VEVRAA Crosswalk could be adjusted into a checklist
    https://www.dol.gov/ofccp/regs/compliance/factsheets/VEVRAA_Crosswalk__March2014_QA_508c.pdf

    OFCCP Sample AAPs
    https://www.dol.gov/ofccp/regs/compliance/AAPs/AAPs.htm

    If this is something that you are looking at taking on yourself without the help of a consultant, one of the best checklists I have seen is EEAC's Self-Audit Checklist. It's not cheap, but it is comprehensive and provides guidance on how the items should be audited and corrective actions. http://www.eeac.org/web/publications/pub_detail2.asp?PRODUCT_CODE=4820b

    Don't hesitate to contact me if you would like consulting assistance with this project.

     
  • Disposition Codes
    Asked by Anonymous - Feb 03, 2017
    We would like to update our disposition codes. We currently have 3 postings where I have been using our current codes. Can I change the codes in the middle of a posting or do I need to wait and change codes once these 3 postins have closed?
    Answered by Carla Irwin from Carla Irwin & Associates, Inc. - Feb 07, 2017
    This is really more of a technology question rather than compliance. I would ask your ATS System Administrator the best solution for updating the disposition codes. Sometimes deleting old codes can delete that information from the system completely. There may be a way to inactivate the old codes without deleting them so you can maintain it for recordkeeping purposes. The compliance piece of this issue is maintaining the recordkeeping you need for your AAPs.

     
  • New Federal ID number
    Asked by Heather S. - Jan 31, 2017
    We have been acquired by another company, and are now operating under their EIN instead of our own. How long do we have until all our state job accounts must be changed to the new EIN? Are there any other issues that may occur as a result of this merge?
    Answered by Roselle Rogers from Local JobNetwork™ - Feb 07, 2017
    It is important to keep your company information in your employer account up to date. While there is no specified time frame that the ESDS require you to update your employer account with the ESDS, it is advisable to do this as soon as possible. When conducting audits, OFCCP may at times contact the ESDS to verify if the company has been posting jobs to the ESDS. The most common way they look up companies is through FEIN and SUIN information, and inaccuracies like this may create complications.

     
  • Dual posting with employment agency
    Asked by Anonymous - Jan 31, 2017
    We have many hard to fill positions based on the skills needed. We post every job on the ESDS and our website along with other boards. At the same time, we have an employment agency that we have asked to help us locate people qualified for the position. Does the employment agency also have to post to ESDS, and maintain an internet applicant search record for all of their efforts? Or since we are already doing that part internally, they are not required to focus on OFCCP compliance? We are having a hard time finding an agency that understands the OFCCP guidelines.
    Answered by Carla Irwin from Carla Irwin & Associates, Inc. - Feb 07, 2017
    Here is the OFCCP's answer to the FAQ on employment agencies/search firms:

    If a covered employer contracts with an employment agency to screen and refer job seekers using the employer’s selection procedures, what records must be maintained?

    The contractor’s recordkeeping obligations are the same whether it screens job seekers itself or whether it contracts with an employment agency to screen job seekers on its behalf with the employer’s selection procedures. If an employer contracts with an employment agency to screen job seekers on its behalf, it would be prudent to address expressly in its contract with the employment agency the records the agency will be expected to maintain regarding searches made on the employer’s behalf. The Executive Order recordkeeping obligation belongs to the Federal contractor, not the retained employment agency, and it is the contactor’s responsibility to ensure that the agency keeps for it whatever records the contractor will be expected to have.

    With regard to listing your jobs with ESDS, you only need to do it once. So either you or the agency on behalf of your company need to list with ESDS,


     
  • lateral job postings/movement
    Asked by Michelle S. - Jan 30, 2017
    We currently have an open position available. It is our policy to post the position internally and externally; however, with this particular position, a current employee has applied for the position and we would like to transfer this person to the open position. Do we need to further post the position and interview more people to satisfy the OFCCP regulation guidelines? How do I need to track this opening?
    Answered by Bill Osterndorf from HR Analytical Services - Jan 30, 2017
    If you have an employee that you want and expect to move to the open position, there is no federal regulatory requirement to post the job so that other candidates can express interest. You would track this action by showing it as some sort of job change (whether promotion, transfer, reclassification, or something else) in whatever system you use to record information on personnel activity.

    A more interesting question is whether you are required to collect and record information on any other internal candidates who have expressed interest in this job. If there are other internal candidates, I'd encourage you to keep track of who these candidates were and why there were not selected. These other internal candidates would probably be considered "applicants" under OFCCP's revised regulations regarding veterans and individuals with disabilities, and should be included in the data metrics associated with your AAPs for veterans and individuals with disabilities. (Conversely, it is not clear that these internal candidates would be considered "applicants" under OFCCP's Internet applicant rule or other regulatory guidance associated with Executive Order 11246.)

     
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