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 Becka S. - Nov 16, 2017
    We have a construction project site that has project labor agreements, with various unions, for our construction craft labor needs. Based on the project size we do fall under VEVRAA & Sec. 503, however our PLA requires we staff through the union hiring halls. My question is this;

    If a person walks in off the street and wants to apply for a craft job at the project site can we explain we staff through union hiring halls and provide them information on how they can contact these unions? Also, should we provide these "walk in's" with "An Invitation to Self-identify" form and track their info on an "Off the Street" applicant log?
    Answered by Alissa Horvitz from Roffman Horvitz, PLC - Nov 17, 2017
    The regulations require the construction contractor to "maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority and female referral from a union, a recruitment source or community orgnaization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union...

  • Asked by Lauren Z. - Oct 25, 2017
    Hello,
    We are in the process of re-surveying our employees and using the Self Identify form as required. However, because the form is two pages, we are getting forms back with only page one and NOT page two. Most likely because they self identify with not having a disability so no request for an accommodation was made. Is this acceptable to only have page one on file? Or should we go back and require each person submit page two? I ask because the form is voluntary, we can prove that they were given both pages, and that they then choose to only provide page one. Please advise.
    Thank you!
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Oct 25, 2017
    Hi Lauren,

    You're right, the form is voluntary, but in the event of an audit, it may be difficult...

  • Asked by Anonymous - Oct 04, 2017
    We have 2 Talent Network Portals-one dedicated to general interest and the other for the Contract Community. That said, we recently added the Employee Polygraph Protection Act and Dept of Labor FMLA poster to our General Talent Community, however, those individuals may or may not be considered internet applicants, since they may or may not apply to an actual position within our career site. We do actually include those 2 poster links and the EEO is the Law, Supplement, and Policy Statement in a link at the bottom of the career page. My first question, is should we leave all poster links in the general Talent Network portal, given that many may or may not ever become applicants. My second question is, that I haven't added the Employee Polygraph or the FMLA poster links to the Contractor Talent Network Portal and am concerned that it too would cause some issues, 1) that they are not necessarily applicants at that point and 2) the Co-employment optics of it. Are there best practices on posters within the Talent Network portals? 2) Should I go ahead and remove all poster links in BOTH Talent Network Portals? 3) Do I have all poster links outside of our EEO policy included in BOTH Talent Portals? I haven't seen any other Federal Contractors include these poster links within their Talent Networks/Talent Communities, but wanted to get some guidance on how best I should proceed with this. Again, I want to ensure that I'm in compliance, but at the same time not putting us at risk by confusing the "applicant" component as well as the "contractor" component.
    Answered by Roselle Rogers from Local JobNetwork™ - Oct 19, 2017
    Federal contractors are required to include in “all solicitations or advertisements for employment that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity or national origin.” This is more commonly known as the EEO tagline and you can satisfy this requirement by including the tagline in your job postings.

    Federal contractors are also required to post the “EEO is the Law” poster and supplement in a prominent place “where it can be readily seen by employees and applicants for employment.” For electronic applications, OFCCP’s FAQs state that:...

  • Asked by Anonymous - Oct 04, 2017
    I understand that we have obligations to notify staffing agencies about our federal contractor status, but what does that notification really ask? Are we putting them on alert that they need to send us diverse candidate pools, are we notifying them that they may have obligations as a sub-contractor or are we just satisfying a regulation? I send these letters out annually and don't really see the benefit other than we are meeting our compliance requirement. Can someone please explain the rule.
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Oct 11, 2017
    The purpose behind the rule is to ensure that the staffing agencies are keeping you compliant. As your sub-contractor, they need...

  • Asked by Anonymous - Oct 04, 2017
    If the CEO wants to hire their sibling into a non-executive position, are we required to still post the position?
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Oct 11, 2017
    Yes, if you are a federal contractor.

  • Asked by Anonymous - Oct 04, 2017
    Is there a specific format or method that a contractor must use when sending a reminder to employees about their right to self-identify between the five year period? During October, our organization celebrates National Disability Employment Awareness Month through various sponsored activities. We also publish a notice in our employee newsletter as well as on our Intranet reminding employees about their right to confidentially self-identify their disability status at any point during their employment and provide a contact number. The newsletter goes out to all employees. Is this sufficient for meeting our obligations or do we need to do something in addition to this?
    Answered by Roselle Rogers from Local JobNetwork™ - Oct 19, 2017
    The regulations require that “contractors invite applicants to self–identify as IWDs at both the pre–offer and post–offer phases of the application process, using language prescribed by OFCCP. The regulations also require that contractors invite their employees to self–identify as IWDs every five years, using the prescribed language.” Contractors are required to use the OMB form, but there is no prescribed method that contractors should use to invite employees to self-identify every five years. When choosing the method to use, consider the kind of...

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