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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.
I was always taught that you run an AAP by selecting the snapshot date and then pulling the historical actions for 1 year back from that date. I can find no legal or regulatory item outlining that the snapshot date and historical year must match up this way.
Can a Company have a snapshot date of, say, January 1, 2017 for example and have their historical dates be April 1, 2016 through March 30, 2017 rather than the traditional January 1, 2016 through December 31, 2016. This means the Year End monitoring or Q4 would not be completed until 3 months after the snapshot date. This seems wrong to me but I can find no regulatory reason that would not allow this. I might also add that the narrative date (AKA "Plan Date") is April 1, 2017.
The simple answer to your question is "No." The personnel activity data should have dates that are attached to the snapshot date.
There are multiple reasons for this. The simplest is that it is illogical to have data sets that don't correspond to each other. You're trying to measure outreach activities and potential disparities via your personnel activity data, and you're trying to measure demographic distribution within the current workforce via the snapshot data. There should be a link between what the demographic distribution looks like, the outreach activities that may have produced that distribution, and the possible selection issues preventing your organization from achieving a more equitable distribution.
If multiple positions are posted, all the same job, same days worked and same shift, for example we need 5 people to work Monday - Friday 9am-5pm to file. All 5 positions are exactly the same. If an applicant applies to one, can they be assigned to all? It is our understanding under OFCCP we must list all available positions but not all applicants attach their application to all as they believe they have applied it. If we get 10 applicants to the one posting, can they all be attached to all 5 of the same positions?
It doesn't actually make sense to produce five separate postings if you expect to hire individuals for the exact same job where the individuals will start on the same date (or approximately the same date), work the same shift, and so on. Candidates will be confused by this kind of posting, and you will potentially have issues as to who should be considered for an opening if a viable candidate applies to only one of the five openings.
Further, any statistical analyses of applicant and hire data may be problematic. If you truly have five of the exact same openings with the exact same start date, the collective pool of candidates should be compared to each to determine whether outreach activities were successful and whether there were any...
How many people can be selected and offered a position based on successfully completing the next phase of the hiring process? Many of our positions must go through a long background check (6-12 months) and then at times people do not make it through that part of the process. If we have for example a position can we select 3 candidates from that one posting and offer the job based on successfully completing the background review? The first candidate that is successful begins in that position. As the others clear they are offered the same job but possibly a different shift time. Is this compliant? Do the other candidates have to formally apply to the other shifts or are they considered internal transfers? To wait for one person who falls out in month 8 of the background check to start again creates a tremendous deficiency in people actually staffing open positions.
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jul 22, 2017
Nothing in the OFCCP regulations limits the amount of offers that a company may make. Of course ensuring the potential outcomes for offers is prudent under other laws and regulations. Careful record keeping and proper dispositioning of the applicants,...
When comparing Promotions/Employees, is it appropriate to add selections back into the overall employee pool?
For example, say we have 500 active employees when our data snapshot is taken. During the plan year, 50 employees are selected for promotion. Should the promotions be added into the employee pool? I feel like this would falsely inflate the population by counting those employees twice.
We annually track and analyze our recruitment and outreach efforts as required, but I am curious if it is sufficient to do this through a spreadsheet tracker or if should be including a more comprehensive narrative analysis? Additionally, are we required to update the AAP narrative annually? I believe we are, but I am curious as to whether others do this or consider the outreach evaluation document as sufficient to meet this requirement.
To answer your last question first, AAP narratives should absolutely be updated annually. The narratives should correspondence to information associated with the statistical reports in your AAPs, and the statistical reports must be updated annually.
In regard to the analysis of outreach that is required in the Vet and Disabled AAPs, this is an important section of the AAP narrative that absolutely should...
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jul 12, 2017
How you track is less important than what you're doing and what your results are. I always recommend to look at this practically. The purpose of these rules is to bring in qualified candidates with particular traits. If the company is not meeting the goal in a particular area, then what else is it doing to try and reach out to these groups....
We are a federal contractor with 89 full-time employees. It is my understanding that we do not need an Affirmative Action Plan until we hit 100 employees. Is this accurate? If so, once we hit 100 employees will we need to report any years prior or just at 100 employees and above?
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