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OFCCP: Ask the Experts
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.
Are there any vulnerabilities with the following practice for when multiple quantities of the same position are needed:
Opening and posting one (1) requisition that has five (5) openings. Once five candidates have been identified from this candidate pool, opening four other additional requisitions, duplicating the candidate pool from the initial req in these additional reqs, and then dispositioning one of the five initially identified candidates into each newly created req as "hire."
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Aug 08, 2017
A company may hire more than one individual from a requisition. Four new requisitions need not be created for OFCCP compliance. It is a good thing to establish what will happen up front as you have done. The appropriate analyses are to compare those that competed for a position (depending on how the company does its hiring)...
How are single reqs with multiple hires scrutinized by the OFCCP? For instance, instead of opening five requisitions with the same title, level, requirements, etc. opening only one req with five openings? The latter options would obviously help with recruiter load and help streamline the hiring process but does potentially enlarge the candidate pool and/or is looked unfavorably the OFCCP in an audit?
OFCCP is perfectly happy to have large applicant pools where multiple candidates are hired into an applicant pool. It increases the chances there will be some kind of disparity involving members of a protected classification, which is one of the things that OFCCP seeks during compliance reviews.
There is no OFCCP rule that says companies can't hire multiple candidates into one requisition. Thus, in your example above, you can hire five individuals into the same requisition. However, good practice says that if you're going to hire more than one individual into a requisition,...
If a candidate applies to a requisition, is not qualified but expresses interest in a different open requisition, would their verbal expression of interest be enough for the recruiter to consider for the second requisition? That is, would a recruiter not have to ask the candidate to apply to the second requisition if they verbally expressed interest and how does this affect their status under the internet applicant rule?
Your company has the right to make the decision that candidates may verbally express interest in an open position. It is not a best practice for the reasons noted below, but there is nothing in OFCCP's Internet Applicant rule or any other part of the federal affirmative action regulations that prevents a company from having candidates make a verbal expression of interest.
Among the reasons that allowing a verbal expression of interest is not a best practice are the following:
-A verbal expression of interest may violate your standard practice (and perhaps your standard requirement) that in order to receive consideration, a candidate must make written application. Most companies now do, in fact, have such a requirement. By allowing one...
I am curious as to the language used to determine if your company is a Federal Contractor. For AAP Coverage under EO11246 it states you are if you have 50+ employees + "A" contract of $50,000 or more. Same for Disability Section 503 and VEVRAA. What if you have several contracts that add up to $50,000 or greater (similarly $150,000)? Is this specific to one contract or the dollar amount of the combination of all Federal contracts?
The guidance from OFCCP specifies a single contract of $50,000 or more as the threshold for developing a written Affirmative Action Program to comply with E.O. 11246:
“If a company has at least 50 employees and a single contract of $50,000 or more, then it must also develop an Affirmative Action Program (AAP), as described at 41 CFR 60–2. Companies whose sole coverage comes from construction contracts or federally assisted construction contracts are not required to develop an AAP, but they must comply with 16 specific affirmative actions outlined in the equal opportunity construction contract clause.”
Part of the OFCCP compliance is notifying our vendors and suppliers of our AAP status and letting them know they must comply as well with it.
Do you know what the best way is to determine who truly should be notified? We have tons of vendors and suppliers some of which are like Amazon, Staples, etc. that I don’t think this would really apply to.
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Aug 02, 2017
This is an excellent question. OFCCP jurisdiction with regard to subcontracts, vendors, etc. is very confusing often both within and outside of the agency. The core question is whether the contract or agreement is in furtherance of the federal work. If a company...
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