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OFCCP: Ask the Experts
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.
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?
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?
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.)
Asked by Anonymous - Jan 18, 2017
We recently changed our EEO statement into a standard policy. We don't usually print our policies on letterhead. Is there a legal requirement to print the EEO policy on letterhead? It is reviewed and signed annually by our CEO and distributed out to our various sites. Is that sufficient?
There is no OFCCP requirement to print the EEO policy on letterhead. It would be sufficient to have it reviewed and distributed to your various sites. Note that there is specific information that needs to be incorporated into the policy statement that is found in the revised veteran and disability regulations.
While there is no requirement to print and post the EEO policy on letterhead, it's a good practice to do so. It demonstrates your organization's commitment to the policy, and it helps to establish the credibility of the policy with regulatory agency's like OFCCP.
Job Application "Expiration"
Asked by Lita S. - Jan 16, 2017
Our job application states "This application will remain active for 6 months. Applicants who wish to apply for a position after 6 months should reapply." We only accept job applications for specific job openings. I have two questions.
1. Are we required to keep the applications "active" for a particular period after initial receipt?
2. If a specific position is filled, then an additional, identical position is opened 2 months later, by keeping the first set of applications active for 6 months, do those applicants have to be considered part of the applicant pool for the second position?
You are not required to keep applications active for any particular period beyond receipt. Candidates will (properly) assume they are under consideration for the same or similar positions after submitting an expression of interest during a six month period if you say six months. Six months seems a very long time to have one position or one type of position open. Our recommendation to clients is to limit the period that any application is active.
On your second question: If a candidate applies for a position, and an identical position is opened two months later, and you've told candidates their applications remain active for six months, it certainly appears that the candidates should be considered for the second opening. They may be dispositioned the same (i.e. they may still be found not minimally qualified, or not as well qualified because of experience, or whatever), but they should be considered. This is one of the problems in saying that applications are considered active for six months. You need to live by the rules you set. If you say "active for six months," then candidates (and regulatory agencies) will have the right to assume an application is in fact under active consideration for six months.
I would strongly encourage you to move away from this six month period. We encourage clients to make candidates apply for each open position in which they are interested, and encourage clients to inform candidates that they must apply for individual openings in order to be considered for those openings.
If you have a type of position that you fill routinely (i.e. assembler, welder, janitor, cook, laundry, call center person, etc.) where you have one constantly open requisition, then a six month active period may make sense. However, all candidates who apply definitely continue to be active for the six month period in such a situation. Also, constant (or "evergreen") requisitions are often associated with large back pay settlements.
This forum provides information of a general nature. None of the answers or information provided is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. Additional facts and information or future developments may affect the subjects addressed. You should consult with an attorney about your specific circumstance before acting on any of this information since it may not be applicable to your situation. The Local JobNetwork™ and all experts expressly disclaim all liability with respect to actions taken or not taken based on any or all of the contents of this forum.