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 Anonymous - Jan 09, 2018
    When employees are excluded from one AAP to another, does the establishment's size change? For example:

    100 employees are located at Location A.

    52 employees are located at Location B. 5 employees report to managers at Location A and are excluded to that plan.

    Do the exclusions effectively reduce the size of Location B to 47 employees? Can both locations be rolled up into a single AAP or are separate AAPs required?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jan 09, 2018
    The regulations do not require a certain number of employees or a certain distance between locations for AAPs. The plans are done by "establishment," but this word is not defined in the regulations. In...

  • Asked by Lisa G. - Jan 09, 2018
    In contracting with a temp agency, what are a federal contractor's responsibilities in relation to OFCCP?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jan 09, 2018
    Hi Lisa,

    The regulations specifically address this very common concern. In short, the temp agency is like an extension of the company for compliance purposes. Using a third party staffing agency does not exempt a company from the regulations enforced by OFCCP (Sec. 60-3.10). Thus, all the requirements under the regulations still apply, such as posting, listing, outreach, compliant selection procedures, and adverse impact analyses. The text of the regulation is below. Hope this helps. Lisa

    Sec. 60-3.10 Employment agencies and employment services.

    A. Where selection procedures are devised by agency. An employment...

  • Asked by Denise S. - Jan 09, 2018
    About 80% of our applicants apply from a job board and the application is imported into our applicant tracking system. The applicants are not accessing the EEO, Disability of Veterans questionnaires. What obligations are on employers in this case? What best practice recommendations are there?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jan 09, 2018
    Hi Denise,

    Compliance law and regulations require this information. However, there is no bright line rule as to what percentage of applicants must respond to the voluntary self-identification rules. It needs to be enough so the company, and...

  • Asked by Diane F. - Dec 27, 2017
    We often post multiple reqs for the same position because we are creating a req for each opening available. However, with our new ATS we can not transfer applicants from req to req and I'm finding my self in a position where applicants are applying to multiple reqs and/or I have made hires and need to move applicant data unable to do so. What is best practice?
    Answered by David Cohen from DCI Consulting - Dec 29, 2017
    The best practice would be to open a single requisition that has multiple...
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jan 02, 2018
    I agree with the above response. In addition, please note...

  • Asked by Krissy R. - Dec 14, 2017
    Could someone point me in the right direction for Manager Interview Training. The Do's and Don't when it comes to interviewing a candidate.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 18, 2017
    Hi Krissy,

    Unfortunately, there is no list that makes this easy. There are a lot of nuances to the laws and regulations that cover this topic and the facts of your particular company may impact the...
    Answered by David Cohen from DCI Consulting - Dec 18, 2017
    Hi Krissy,
    If you are a SHRM member they have a lot of great resources for this type of training.

  • Asked by Krissy R. - Dec 14, 2017
    In what states am I NOT allowed to ask for salary history?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 18, 2017
    Hi Krissy,

    This is a tricky one because state laws often change. There are only a few states that I know of that prohibit or limit questions about...
    Answered by David Cohen from DCI Consulting - Dec 18, 2017
    In addition to the state laws listed by Lisa, there are certain cities...

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