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.
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  • Asked by Megan K. - Apr 17, 2018

    We are re-surveying our workforce using the voluntary self-identification of disability form. We are looking to create our own electronic version of the form to more easily survey our employees. We have the requirements in regards to font, size, OMB number, expiration date, etc. However, it says the forms contents must not be altered.

    My question is, is it acceptable to have the whole form on one page on our electronic survey? Or must we have it on two pages like the actual paper version is? (i.e. the reasonable accommodation notice is on the second page)

    Thanks in advance!
    Answered by Bill Osterndorf from HR Analytical Services - Apr 17, 2018
    It should be acceptable to have the survey on one page. OFCCP's primary interest is in ensuring that the entire contents of the survey is maintained. The fact that it is two pages in a printed form is a function of the fonts used, the amount of content included, and so on rather than a function of the desire to have a two-page form....

  • Asked by Anonymous - Apr 13, 2018
    We hire many student interns for our pipeline recruiting. They come back each summer until they graduate. They are kept on the payroll and come back each summer, some work on projects throughout the year. When we want to hire them permanently, do we need to create a posting for them to apply? It seems this would be discouraging for others who see this listing since we know we want to hire them. In addition, they initially competed for the intern position in the beginning and we have been developing them for several years. Currently we are posting these jobs, however it is creating extra work and we feel it is misleading to external candidates and to our internal employees when we already know who we want to put in the position, since we have invested a lot of time and money on these students throughout the years.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Apr 14, 2018
    No, you do not need to post those jobs. The posting requirement only applies when a company is hiring from the external...

  • Asked by Abel D. - Apr 03, 2018
    We are a federal contractor. What is a common, compliant way of posting a job that has flexibility to hire at a manager or director level depending on experience?

    I would typically post at the higher level but notate in the job requirements that the position can be hired as a manager or director depending on the skills and experience.

    Answered by Roselle Rogers from Local JobNetwork™ - Apr 13, 2018
    There is no prescribed way for posting the job you described above. However, in checking with OFCCP, what you would want to make sure of if you post the jobs together and eventually hire at the higher or lower level depending on skills and experience, is that you do not inadvertently open the door for placement discrimination. This can happen if you end up with a situation where...

  • Asked by Paige H. - Mar 30, 2018
    We are a Federal Prime contractor & Sub-Contractor who places IT employees on Federal and State contracted projects. These are our employees working on a state or federal work site. Sometimes we must reach out to a staffing company to fill specialized positions when our sourcing/postings are not producing qualified candidates. I've been told previously that being a Federal Contractor, any staffing company or sub-contractor we use, whether for a Federal or State position, must be compliant with OFCCP guidelines when recruiting and also receive the required "our company is a federal contractor" notice.

    Two questions:
    1. If our state position pays our company with state funds, must our staffing/sub-contractor company follow OFCCP guidelines and also receive the required notice?
    2. If so, do we need to require them to send recruiting documentation or just have it available in case of an audit?

    Thank you.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Mar 30, 2018
    Hi Paige,

    This one is a little complicated to answer without knowing the facts I’m more detail. However, I hope The info below is helpful as a guide.

    1. If the individual is an employee of a company that is a federal Contractor or subcontractor, then the company must follow the OFCCP regulations, including ensuring that the proper clauses are a part of the subcontracts. When it is unclear...

  • Asked by Anonymous - Mar 22, 2018
    I'm looking for guidance on a delicate subject: confidential searches. For Sr Management and Executive level roles I know we're okay to not post them, but what are the recommendations for lower level confidential searches (i.e. there is an incumbent in the role)? We address the incumbent's performance issues as an employer but ultimately know we'll need to replace them and don't want to advertise for obvious reasons.

    Answered by Roselle Rogers from Local JobNetwork™ - Mar 29, 2018
    OFCCP does not have specific guidance on confidential searches. Absent that, OFCCP will look at it the same way as any other job you are required...

  • Asked by Anonymous - Mar 13, 2018
    We've acquired a smaller company and will be retaining some of their employees. In an older post, it is stated that there is little guidance on how to handle these situations yet most companies choose to treat acquired employees as new hires. However, in our HRIS they will retain their seniority dates from prior to the acquisition.

    Is it still best to categorize them as new hires or would it be better to simply list them in the employee population? Would the latter cause a disconnect with our previous plan year, since these employee's would 'magically' appear in the population? Could it be simply noted that they are acquired?

    Additionally, are we responsible for collecting and including the acquired organization's applicant data for our AAP?

    Answered by Roselle Rogers from Local JobNetwork™ - Mar 22, 2018
    In checking with OFCCP, there doesn’t seem to be a prescribed method to handle this. Treating them as hires, transfers, or simply listing them, are all acceptable. The important thing is that the contractor should be able to explain the data and what happened. Each method presents its own challenges as you already stated.

    You are correct that simply listing them would not align with...

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