OFCCP Ask the Experts
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.
19 to 24 of 322

  • AAP Advice
    Asked by Anonymous - Nov 29, 2018
    We are a non-profit servicing elders and disabled that recently aquired another non-profit agency in the same sector. This new acquisition received notice of an OFCCP audit. The last AAP plan in place is dated 2016. They have no ATS in place and no applicant data at all aside from 3 boxes worth of hardcopy applications. How do I go about creating an AAP with no applicant information or virtually no information aside from current employee data? The plan would essentially be incomplete. Do you suggest we take the time to input all of those paper applications? How do you suggest I tackle this and what should my first steps be?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 03, 2018
    In an audit, it is imperative that the Affirmative Action Plan and support data be as complete as possible. According to the rules and regulations enforced by the OFCCP, a lack of data can be a real problem for any company. I suggest you take a look at availability data as well to identify problem areas - this is what the agency typically looks at in an absence of data. You may want to seek assistance from a professional that has tackled this type of issue before. Remember that any conversations with a compliance officer may bind your company to statements. Good luck in your audit.

     
  • Self-identification and Employee Self Service
    Asked by Anonymous - Nov 16, 2018
    We are looking at turning on our employee self-service which would allow employees access to their personal data and potentially to update their personal information (address, SS#, DOB, etc.). One of the screens includes fields for veteran, race, gender and disability status. I know that the OFFCP has set explicit requirements around using the OMB established form or adhering to the font, size and text specifications, but didn't know how this impacts HRIS systems. Are we required to offer that form electronically or hard copy anytime an employee wishes to self-identify? If that is the case, I would imagine these fields would need to be hidden from view. We have a hard time getting employees to self-identify. It would be nice to offer them the option to go in and update their information without having to go through HR.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 03, 2018
    It would be a nice option, but OFCCP requires that its OMB approved form be used for any self-identification regarding disabilities. As you noted in your question, any electronic copy of the form must:

    Display the OMB number and expiration date;
    Contain the text of the form without alteration;
    Use a sans–serif font, such as Calibri or Arial; and
    Use at least 11–pitch for font size (with the exception of the footnote and burden statement, which must be at least 10–pitch in size).

     
  • Collecting Transcripts
    Asked by Anonymous - Nov 14, 2018
    I work for a DOD contractor in which we primarily hire software engineers. Every summer, we hire a new cohort of new graduates to join our company. Before we make individual offers to these recent graduates, we collect their academic transcripts for review. Currently, only HR (and occasionally the hiring manager) have access to the transcripts. We are generally looking for GPA's above 3.0 and that the students did well in their engineering classes. However, our interviewers are requesting to see the transcripts in advance of the interview, and in addition to the resume. In other words, when sending our interviewers a calendar item for the interview, the interviewers would receive the candidate's resume and transcript. For candidate privacy, do you see any issue with the interviewers (a broader scope than HR) having access to the transcripts? My concern is that information on the transcript will create a bias in the interviews. I am also concerned that if a candidate is not able to send his/her transcript, we are not conducting all interviews equally. If it is permissible to allow interviewers to access the transcripts, should HR inform the candidate that their transcripts may be sent to the interview team? Thank you. 
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 03, 2018
    Since this is a question about privacy versus OFCCP compliance, it is a bit out of my area of expertise, but I want to give you some information at least, from a compliance perspective.

    Any time a company is reviewing job qualifications, it is important to understand why the criteria are what they are. In other words, why is a 3.1 acceptable for a new hire, but not a 2.9? What is the definition of "did well" in engineering classes? Seeing the transcripts could create a bias, but that doesn't mean that hiring managers cannot access them. You would definitely want to keep an eye out for trends that may be of concern, such as favoring one institution over another and that has adverse impact against a particular group. If transcripts are not required for each applicant to continue in the hiring process, why are they necessary for any one candidate?

    In short, I would recommend you review your hiring process and make sure that each step is required and useful in finding qualified applicants. You may also want to talk with your hiring mangers and ask them to articulate why they are requesting transcripts. If there is a genuine need, then it is probably a good idea to let the candidate know the transcripts may be used by the interview team. Hope this helps.

     
  • Compensation Equality
    Asked by Christina S. - Nov 08, 2018
    Our company has a large IDIQ contract where tasks are frequently being awarded. Often times, we are able to negotiate rates on these new task awards based off of current market value. We are currently able to keep the salaries generally similar with a few justifiable exceptions. However, the current job market for certain labor categories is VERY competitive. Companies are paying higher than market value to attract employees. This, of course, creates an issue for us when it comes to retention and negotiation of salaries for new employees. We believe we will be able to obtain an equitable adjustment from the government on our rates but need to be able to attract new talent until that adjustment is granted.

    So, my questions are these:
    1. How can we justify a higher salary for employees on the new task who have the same labor category, description, education, and experience requirements as those on older tasks until the equitable adjustment comes through?
    2. If we are audited during the time we are waiting for the adjustment, will we be found to be non-compliant?

    Also, we have been reading the new OFCCP guidelines. How does a company create a PAG if there are less than 20 employees in any one group?
    Answered by David Cohen from DCI Consulting - Nov 15, 2018
    As long as the higher salaries are based on a business necessity and are done in a non-discriminatory manner and/or have an impact on protected groups this would not be a problem under EO11246. Remember that OFCCP is not the "pay police" but tasked to evaluate compensation to ensure that it is administered in a non-discriminatory manner.

    As for the compensation directive, if you have a very small workforce it may not be possible to put together groups of employees that are similarly situated and have enough in a group to conduct a meaningful regression analysis. There are other statistical tests like Rank Sum, Fishers Exact, etc. that can be used for small groups.

     
  • Record Retention of Demographic Info.
    Asked by Anonymous - Nov 08, 2018
    We recently changed HRIS systems to Paycom. Our new onboarding process enables new hires to complete required forms as it relates to OFCCP and EEO compliance. They can electronically complete Vets and Disability required forms and it is then housed in the document section of their electronic file. My question is, for auditing purposes do we need to print out a hard copy of the Vets and Disability form for each person and keep it in a separate file as in the past, or can we simply print it from that person's document section if it is requested.

    Thanks for your help.
    Answered by Alissa Horvitz from Roffman Horvitz, PLC - Nov 15, 2018
    OFCCP issued a Frequently Asked Question on this topic. In the FAQs for Section 503 (Rehabilitation), under the topic of Self-Identification, #5, OFCCP gives employers the option to store the electronic record and print it out if requested. There is no requirement to print out a hard copy of each form and store it in hard copy in separate files as was done in the past:

    FAQ5. What information must a contractor store in order to demonstrate its compliance with the requirement to invite voluntary self–identification of disability from applicants and employees?

    OFCCP's ANSWER: Recognizing that contractors may have different practices and information technology capabilities, OFCCP is providing a range of options for documenting compliance with the voluntary invitation to self–disclose disability requirement.

    Electronic Invitations. A contractor that electronically invites voluntary self–identification of disability must either:
    o Retain electronic copies (e.g., pdf, scanned, etc.) of the electronically completed self–identification forms, as well as any log, spreadsheet or database it may have developed to record the data from the self–identification forms;
    o Retain hard copies of the electronically completed self–identification forms, as well as any log, spreadsheet or database it may have developed to record the data from the self–identification forms; or
    o Retain a detailed log, spreadsheet or database of the data collected from each electronically completed form, without copies of each individually completed form, if the electronic system does not store completed forms. However, the contractor must also be able to demonstrate how they delivered and/or displayed the voluntary invitation to self–identify. This allows compliance officers to verify that contractors met their obligation to use the OMB–approved form.

     
  • Job posting requirement
    Asked by Amy Y. - Oct 31, 2018
    Are all jobs required to be posted internally and external via the ESDS or could the job be posted internally first and if not filled......go external?
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Oct 31, 2018
    It is perfectly acceptable to post internally first, and if not filled, to then go externally.

     
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