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 - Oct 02, 2017
    Hello, I like to know if during the 5 year solicitation to your workforce and also for the 2 1/2 year reminder, is the OMB Self-ID Disability Form used to do so or are you able to create simply a electronic method that asks the same information, but not the physical form itself. In other words, our company had created a simple electronic form that asks the employee to select out of the following options: "Yes, I have a disability (or previously had a disability), "No, I don't have a disability", or "I don't wish to answer". They then must include a digital signature as well as confirm that the information is accurate, by indicating "Yes". The associates were given 2 weeks to complete the survey and believe it might be time stamped. All the information that gets updated in our HRIS without anyone actually physically seeing the information. We don't mention anything about reasonable accommodation on the e-mail communication or on the electronic form itself. That all said, are we fine with keeping the electronic form with possibly adding the reasonable accommodation language in during the 5 years or do we need to use the actual physical OMB form. Additionally, during the 2 1/2 year reminder, could we use our company created electronic form? Please advise. Thank you.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Oct 02, 2017
    This is a good question and a popular one. The OFCCP is particular about format with respect to soliciting this information, regardless of the timing of the solicitation. In its FAQs, the OFCCP provides an answer to your question, which reads as follows:

    “Yes, contractors may create an electronically fillable version...

  • Asked by Anonymous - Sep 21, 2017
    Based on a webinar I sat through on OFCCP compliance, it is my understanding that if a company is using any third party recruiters we need to communicate this information to the state job boards. Is this correct? If so, is it only if we are regularly using third party recruiters? Some companies cover a majority of their recruiting in house but occasionally use outside recruiters and I was wondering if this applied. Thank you!
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Sep 21, 2017
    Yes. All jobs that meet the criteria outlined in Sec. 60-4.3 Equal opportunity clauses (all positions except executive...

  • Asked by Anonymous - Sep 14, 2017
    If a requisition has been canceled, do the applicants who have applied need to be dispositioned?
    Answered by Bill Osterndorf from HR Analytical Services - Sep 14, 2017
    Yes. But the job is easy, as they should all be dispositioned as "Requisition cancelled." This may seem totally obvious,...

  • Asked by Anonymous - Sep 13, 2017
    Can you let me know if the following question is acceptable on an application??

    Do you currently or will you in the future require any type of Visa sponsorship or transfer to work in the country for which you are applying?
    Answered by Alissa Horvitz from Roffman Horvitz, PLC - Sep 14, 2017
    It is not clear whether this is a domestic-only application.
    This answer is only for Visa sponsorship in the US.

    As far as I am aware, the U.S. Department of Justice's 2013 technical assistance letter is still good.

  • Asked by Anonymous - Sep 05, 2017
    I'm trying to find guidance on how to determine if we have multiple establishments for our Affirmative Action Program. I've read that any location with 50 or more employees needs its own program, but I've also read that if the locations are in the same labor market or recruiting area that they can be included in the same plan.

    Are there any rules that define how a labor market is determined for a location? For example, I assume that if we have multiple physical locations in the same city then it would be appropriate to combine those locations in the same AAP. If we have over 50 employees in both Buffalo, NY and New York, NY could they be considered in the same labor market of New York state, or do we need to go by the metro-areas?
    Answered by Bill Osterndorf from HR Analytical Services - Sep 05, 2017
    In regard to having separate AAPs, the fundamental rules are found in the Code of Federal Regulations (CFR) at 41 CFR 60-2. Those regulations state as follows:

    "(d) Who is included in affirmative action programs.
    Contractors subject to the affirmative action program requirements must develop and maintain a written affirmative action program for each of their establishments. Each employee in the contractor’s workforce must be included in an affirmative action program. Each employee must be included in the affirmative action program of the establishment at which he or she works, except that:
    (1) Employees who work at establishments other than that of the manager to whom they report, must be included in the affirmative action program of their...
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Sep 05, 2017
    This is a very good question. OFCCP does not define "establishment." It often makes sense to break AAPs down by location, but this is not required. It really depends on the company's circumstances. The only "rules" that apply...

  • Asked by Heather C. - Aug 30, 2017
    Hello -

    Currently, our system provides the post-offer self-id forms to new hires via our electronic onboarding system. However, if we hire an internal employee to fill an open position, they do not go through this onboarding system because they are already active in our HRIS. So, internal hires are not being given post-offer self-id forms to complete. Is it a requirement that we ask internal employees to complete paper self-id forms if hired into a new requisition/position?

    Thank you,
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Aug 30, 2017
    Excellent question, Heather. There is no requirement to make an additional inquiry at the time a current employee is selected for a new position. This...
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Sep 01, 2017
    I receive this question fairly often, so wanted to add one small point. Think about how you are...

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