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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.
GTI Federal has been requested by OFCCP to submit our current outreach efforts to Veteran's/ Disabled individuals/State agencies. What report or display can I use to best show what is happening on LJN? I am a new LJN client and just completed the webinar this AM. Thank you.
We are very pleased to have you using our services. First of all, please know that LJN customers using our OFCCP Compliance Solutions have access to our compliance audit support services to assist you in compiling reports that are required in a compliance review.
Federal contractors using our services have access to on-demand reporting 24/7 through our website. At any time, you can access and generate the following compliance reports to demonstrate compliance with OFCCP regulations.
The ESDS (State Job Bank) Cross-Post report demonstrates your compliance with the mandatory job listing requirement under VEVRAA and contains data on your employment openings, the date they were listed on the appropriate state Employment Service Delivery System (ESDS) where your jobs are located, a screen shot of the job as it was posted on the ESDS, and the reference number assigned by the ESDS.
The Community and Diversity Outreach – Detail report documents your outreach to organizations that provide services to veterans and individuals with disabilities. This includes a listing of your jobs, the type of organizations your positions were sent to, copies of the emails sent, the dates they were sent, as well as the name and email address of the person who received the emails.
The Outreach Management Activity report pulls information from our Outreach Management System (OMS). This report shows documentation of notes that have been recorded using the system along with email messages that have been sent to any organization. The report contains the date and time that the interaction or communication took place, the name and contact information of the person at the organization, as well as detailed information on what type of action took place, a record of the subject matter, and the content of those emails or interactions. This is a great way to showcase your efforts towards building relationships with different organizations.
Our system also provides you the ability to enter and track the candidates that have been referred to you by outreach organizations. The Outreach Referral Activity report captures this information and shows candidates that were referred, the position they were referred to, the name of the outreach organization, the contact person at that organization, and their contact information. It will also show the name of the recruiter or individual who entered the referral and the date the referral was added.
All of these reports can be exported to Excel, CSV, or sent via email.
You will find all of these reports very helpful in proving compliance and providing documentation of compliance during an audit.
We encourage you to reach out to your Account Executive who would be more than happy to walk through the various reporting options available to you in your account.
Internal Hire on a New Pending Contract
Asked by Anonymous - May 23, 2016
We are currently bidding on a new contract. We have a few current/active employees that we would like to use on this contract. Do we still need to post the position and have the employees apply since these are/will be brand new position? Or can we wait to see if we win the contract, then consider it an "internal" hire?
Answered by Amy Wozniak from Local JobNetwork™ - May 25, 2016
The Equal Opportunity Clause under VEVRAA, which requires contractors to list their positions with the Employment Service Delivery System (ESDS), states that all positions need to be posted except for executive and senior management, positions that will be filled from within the contractor's organization, and positions lasting three days or less. Because the positions in the new contract would be filled by employees that are currently within your organization, it is not necessary to post them.
Internal Hires & AA Record Keeping
Asked by Anonymous - May 19, 2016
Suppose a company has a requisition open to external applicants, but the position is ultimately filled internally due to interest shown by a current employee. What are best practices for Affirmative Action record keeping in this situation?
Should the employee apply for the opening?
Would the external applicants still be considered as part of the applicant pool or would they be excluded since they can no longer be associated with an external hire?
Any insight in addition to these questions would be greatly appreciated.
First of all, keep in mind that even if you eventually filled the position with an internal candidate, OFCCP may still expect you to show proof that you listed the job with the Employment Service Delivery System (ESDS) since you started out considering external candidates at the onset. The Equal Opportunity Clause under VEVRAA, which sets forth the mandatory job listing requirement, specifically states that the exception for jobs filled internally “does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization.”
As far as best practices go, it is advisable to keep records not only of your external applicants but also your internal applicants. This way, you would be able to show a timeline indicating when your internal applicant expressed interest in the position. Thus, it would be advisable to have the employee apply to the job opening.
As for including the external applicants in your applicant pool, OFCCP recommends that contractors include them in the applicant pool for this position, even if it will show that no one was hired for this job, and notate it stating that the successful candidate for this job came in internally.
Posting Positions versus Personal Action Forms
Asked by Anonymous - May 18, 2016
This question is for our internal employee actions. Do we have to post positions which increase in FTE (full time equivalent) but does not impact salary or benefits or can these types of internal employee actions be handled via Personal Action Forms?
Should the Manager use a published selection criteria when making these decisions (seniority?)
There are two requirements that contractors need to comply with that are relevant to your question.
The first is the mandatory job listing requirement under VEVRAA, which requires contractors to list their job openings with the local Employment Service Delivery Systems (ESDS) where their jobs are located. All jobs need to be listed with the exception of three categories: 1) executive and senior management positions, 2) positions that will be filled internally, and 3) positions lasting three days or less.
If the positions you are referring to will be filled by individuals who are already on your organization’s payroll, then there is no need to post these positions with the ESDS, as these are considered as jobs filled internally.
The second requirement is the periodic review of your personnel processes which is a required component of a contractor’s affirmative action plan. As a contractor, you will need to ensure that regardless of whatever criteria you use, your criteria, processes, and decisions on promotions, transfers, selection for training, and other personnel actions or employment decisions, do not discriminate against protected groups and do not limit their access to these opportunities. It is also important to have these criteria and processes documented and apply these consistently. You are required to periodically review these processes and document this review, with a description of the review and any modifications to your processes based on the results of your review.
You can find more information on this under the “Equal Opportunity Clause” and “Required Contents of Affirmative Action Programs” in the final VEVRAA rule
Can we post our positions as "varied Shifts"?
Asked by Anonymous - May 18, 2016
Are there and OFCCP/EEOC standards or regulations stating that we cannot post our positions as “shifts vary” etc.…Currently, we are posting each position for each shift. We would like to post the position and list "varied" given that we have positions open for all shifts.
Examples: Local Hospital System Clinical Nurse I, Charge, Sub-Acute Neuro (Full Time/Varied Shift) -- Varied
Clinical Nurse I, Charge, Sub-Acute Neuro (Per-Diem/Varied) -- Varied
Answered by Amy Wozniak from Local JobNetwork™ - May 20, 2016
The mandatory job listing requirement under VEVRAA, which is enforced by OFCCP, states that contractors must provide information about the job vacancy in any manner and format permitted by the appropriate employment service delivery system (ESDS), which may vary from state to state. Therefore, how you list your positions on the ESDS will be based on what the requirements of the specific state where you are posting. From our experience working with all of the ESDS states, it is acceptable to post positions where the employer indicates that shifts may vary. Most states also have the option to select the number of openings you have for a position, enabling you to post once for multiple shifts.
Resume Search Results For OFCCP Audit
Asked by Ashley V. - May 18, 2016
What information needs to be saved from a resume search in order to be compliant? If we run a search for resumes through a job board are we required to save the search results and resumes that we viewed or do we need to save only our search criteria?
When performing resume searches on an external resume database, contractors must maintain the following records: 1) a record of the position for which each search was made, 2) the search criteria used that corresponds to each search, 3) the date of the search, and 4) the resumes of those job seekers who met the basic qualifications for the particular position who are considered by the contractor.
However, contractors are not required to maintain the resumes of individuals if the contractor did not consider them. Contractors are also not required to maintain a record of searches that do not produce candidates that meet the basic qualifications.
Contractors should also retain these records for a specified length of time depending on the size of the company and the contract it holds. For companies with fewer than 150 employees or a contract of at least $150,000, the record retention period is one year. Contractors with at least 150 employees and a contract of $150,000 are required to maintain the records for a period of two years.
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.