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 - Jun 29, 2017
    My question is: What census bureau information should we be using to conduct the Availability Analysis of our Affirmative Action Plan? All of our branches are in Dane County. In the past we have used the US Census Bureau’s Community Survey 2006-2010 (EEO-All3R) for both WI and Dane County. This was compiled by the WI Dept of Workforce Development. Is this the most up-to-date information available?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jun 29, 2017
    The regulations at 41 C.F.R. § 60-2.14(d) require companies to "use the most current and discrete
    statistical information available to derive availability figures," as you probably know from the manner in which you phrased your question. It may be a good idea to contact the WI Dept of Workforce...

  • Asked by Anonymous - Jun 15, 2017
    I am a little confused if my company needs to create an AAP. As a staffing agency we place individuals on an as needed basis to our clients who happen to be government subcontractors. For the positions that require a clearance we are listed on the DD 254 as the subcontractor, since we hold the clearances. To my understanding below are the requirements needed to complete an AAP. We as a staffing agency do not have any direct federal contracts or subcontracts with guaranteed funding. Nor do we bill the government directly for labor hours worked by our temporary individuals. We invoice the client, and they provide payment directly to us in the form of a company "logo" check. So as a staffing agency would we need to create an AAP?

    -50 employees/$50,000 Federal contracts or
    -Government bills of lading totaling $50,000 or
    more in 12 months
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jun 16, 2017
    The law on this is very confusing and companies are often surprised to learn they may be federal contractors. (41 CFR 60-1.40) Further, there may be disagreement between the OFCCP and a company on whether a company is in fact a federal contractor. There has been significant litigation with...

  • Asked by Anonymous - Jun 05, 2017
    We currently have a company goal to hire 7% of veterans and 7% of individuals with disabilities. We also have a Minority Workforce Goal.

    New this year, we embedded D&I actions into our executives business lines for the hiring of minorities and women but we did not include actions for Individuals with Disabilities and Veterans.

    Any best practices around that?

    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jun 16, 2017
    Please note that the practices for outreach for veterans (vets) and individuals with disabilities (IWDs) are slightly more aggressive in a sense. Companies are required to determine how current methods are working and then essentially re-evaluate connections to find more sources of these groups. The new Part 60-741.44(f)(3) requires that the contractor evaluate and "If the...

  • Asked by Anonymous - Jun 05, 2017

    We are currently looking at adding our Individual with Disabilities Accommodation Statement to our Applicant Tracking System (Taleo) to increase IWD candidates and hires at our bank.

    Are there any best practices around this?

    Thank you.
    Answered by Roselle Rogers from Local JobNetwork™ - Jun 26, 2017
    As a best practice, you should include your disability accommodation statement at the beginning of the application process. This should be prominently displayed and not buried deep in other pages on your career site. This would notify applicants that you are an equal opportunity/affirmative action employer and it would provide them with information on how to request an accommodation during the application process. Ideally, it should include the name of the person...

  • Asked by Tara W. - May 31, 2017
    I wanted to clarify Executive Order 13706 on paid sick leave for federal contractors. We are not sure we fall under the requirements. We are a collection agency contracted by the department of Education collection on defaulted student loans. The SCA wages do not state it as a required benefit and the Ex Order states that it applies to new contracts and replacements effective 1/1/2017. Our contract was initiated November 2016. It also states it applies to federal contracts for construction and “many types of federal contracts for service.” We didn’t feel it applied to us. But now we are wondering if it does or if we should implement it to error on the side of caution. I would love to hear your thoughts on this matter. Thank you for your time in advance!

    Answered by Roselle Rogers from Local JobNetwork™ - Jun 01, 2017
    Executive Order 13706 is enforced by the Wage and Hour Division, and is not under OFCCP enforcement. This Executive Order applies to new and replacement contracts with the federal government “that result from solicitations issued on or after January 1, 2017 (or that are awarded outside the solicitation process on or after January 1, 2017)."

    This covers contracts that fall under the following major categories:...

  • Asked by Anonymous - May 25, 2017
    First, I like some further clarification on whether Protected Veteran and Disability status needs to be collected on temporary hires as well as direct hire placement referrals that are sent over from a third party staffing firm. For temps, we've only been collected race/ethnicity and gender, so should we have our approved third party staffing firm vendors begin to collect the Protected Veteran and Disability Status information via our form for the Vets and OFCCP's form for the IWD's. Please clarify.

    Secondly, we are currently collecting most direct placement hire self-Id info, including Protected Vets and Disability status via our ATS, however, I recently learned that we are not directing all of those referrals to apply online directly to the position, even though they meet the Basic Qualifications, but may not have the exact preferred skills and experience we are looking for. This results in us not capturing their Self-Id information anywhere nor do we ask out third party staffing firm to track or provide that information to us. That being said, do you recommend that I advise our TA team to have any third party referrals that meet BQ's, which are all be directed to our website to apply directly to the position? Currently we are just having those that either are being phone screened and/or interviewed, however, still were initially reviewed by either a Recruiter or Hiring Manager on our end.
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Jun 02, 2017
    Yes to both questions. Federal contractors are responsible for ensuring that their third party vendors are collecting...
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jun 04, 2017
    Yes to the first question. The regulations enforced by OFCCP specifically state that, "The use of an employment agency does not relieve an employer or labor organization or other user of its responsibilities under Federal law to provide equal employment opportunity or its obligations...

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