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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  • reference checking before an offer
    Asked by Julie M. - Feb 17, 2017
    I understand background and drug tests should not take place prior to the offer. What about reference checks?
    Answered by Bill Osterndorf from HR Analytical Services - Feb 28, 2017
    You are allowed to do reference checks at whatever point in the selection process it makes sense to do reference checks. There is no OFCCP-related rule that dictates when reference checks must occur. OFCCP may be concerned if it finds that you are doing reference checks at a different stage in the selection process for members of a certain classification (i.e. you do reference checks for African Americans earlier than reference checks for whites), but so long as you do the reference check in a logical and uniform uniform way, OFCCP would suggest you have wide latitude on when and how to do the reference check.

     
  • Question about E-Verify for Federal Contractors
    Asked by Anonymous - Feb 14, 2017
    I am in the process of establishing a more comprehensive E-Verify program for our company. We are Federal Contractors. I cannot find on IDES, or the Illinois Dept. of Labor if we still need to do the "E-Verify Employer Attestation Form"? Does anyone know?
    Answered by Roselle Rogers from Local JobNetwork™ - Mar 03, 2017
    Executive Order 13465, which amended Executive Order 12989, required contractors with covered federal contracts to use an electronic employment verification system (E-Verify) to verify the employment eligibility of employees performing work on a federal contract. To see if you have a covered federal contract and for guidance on using E-Verify, please refer to the U.S. Citizen and Immigration Services’ E-Verify section for federal contractors.

    Under the Right to Privacy in the Workplace Act (820 ILCS 55), the Illinois Department of Labor also requires employers conducting business in Illinois to complete an attestation using this form prescribed by the department. You can find additional information and guidance on this Act here.

     
  • Posting positions to fill with a current contractor
    Asked by Jana M. - Feb 09, 2017
    Would you be able to direct me to where I can find out whether a federal contractor is required to post a position for which we will convert a contractor to an FTE? We have several contractors here at QTS and often we convert them into a full-time position without posting the role b/c it is their exact same position, just moving them from contractor status to an FTE. Thank you!
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Feb 14, 2017
    This is a good question, and one that not many federal contractors take the time to consider. In this situation, OFCCP would be interested to know at what point the opportunity for diverse outreach was provided. If the process for selecting the contractor was competitive and followed the regulatory requirements for posting, then the conversion, without competition is less problematic. The safest route, however, is to go ahead and post the position as you would any other opening.

     
  • 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.

     
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