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 Linda L. - Dec 08, 2017
    We are a federal government contractor and there are times we engage staffing companies to recruit on our behalf. When asking a 3rd party agency to recruit for an open requisition exclusively, which also means we are NOT actively recruiting for roles we pass to them. When we hire the candidate they presented, what do we need to do from a reporting standpoint?

    They were given the responsibility to recruit and fill the requirement.
    No company recruiter working on those requirements.
    Hiring decision made on their candidate.
    We hire and onboard that candidate.

    What is our responsibility from a compliance reporting standpoint?

    Thank you.
    Linda
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 18, 2017
    Hi Linda,

    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.

    Sec. 60-3.10 Employment agencies and employment services.

    A. Where selection procedures are devised by agency. An employment agency, including private employment agencies and State employment agencies, which agrees to a request by an...

  • Asked by John Y. - Nov 29, 2017
    We are considering acquiring a company in Ontario, Canada. Does Canadian or Provincial law require the use of EEO type taglines or other mandatory information when posting job opportunities? To my knowledge, the targeted firm does not engage in any contract work with either Provincial or Federal governments.
    Thanks.
    Answered by Alissa Horvitz from Roffman Horvitz, PLC - Nov 29, 2017
    I do not believe that Ontario requires a tagline. I have found its Human Rights Commission...

  • Asked by Dayna S. - Nov 21, 2017
    My organization is an FQHC (Federally Qualified Health Center). Are we required to comply with OFCCP?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Nov 22, 2017
    Jurisdiction is often tricky both for contractors and the agency. Being an FQHC doesn’t necessarily...

  • Asked by Anonymous - Nov 20, 2017
    Last year was the first year we were required to develop an AAP and the dates we published were Jan 1, 2017 - Dec 31, 2017. It is my understanding that the analysis of data should be based on a snapshot of a specific date. Does that date have to fall within that year? Or is it the last day of the year and if it's the last day of 12/31/17, what date am I required to publish the 2018 AAP with the data analysis?

    Thank you.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Nov 20, 2017
    The Hires, Applicants, Promotions, and Terminations should be dated beginning (and including) the full year. In your case January 1, 2017 through December 31, 2017. The...

  • Asked by Anonymous - Nov 20, 2017
    I would like to know if an employer has any control over releasing information (name and contact information) for management employees no longer with the company. Also, can the employer ask for a copy of the interview note(s), or have a company representative present during the interview?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Nov 20, 2017
    This is a very good question and a very difficult area to navigate successfully. According to the regulations:

    Sec. 60-1.20 Compliance evaluations. (ii) An on-site review, conducted at the contractor's establishment to investigate unresolved problem areas identified in the AAP and supporting documentation during the desk audit, to verify that the contractor has...

  • Asked by Anonymous - Nov 18, 2017
    I would like to know if the OFCCP CO can request an employee (representing management) to come to their office for an interview? Do they have this authority?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Nov 18, 2017
    The OFCCP can make this request. There is nothing in the regulations that prohibits such a request. It is important to understand what the regulations require so that a contractor can draw a clear line between its obligations and what is simply a request....

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