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 - Apr 25, 2017
    In order to fill jobs more quickly our company prefers to keep an applicant pool that we can refer to when an opening occurs. In the past we accepted general applications once a week at each location. Now that we are working with Local Job Network the applications are attached to a specific job. We don't want to post a general job to have people apply to. We've considered having people fill out an "interest" form on application days with their contact information and general work history and then we contact them when there is an opening and they can apply to the specific opening at that time. What would be the best practice for this so that we aren't seen as controlling the applicant process but can have quick access to candidates.
    Answered by Roselle Rogers from Local JobNetwork™ - May 05, 2017
    What you described here sounds more like creating an internal database of prospective candidates for future positions at your company. In that case, you need to make sure that you are following the record retention requirements under OFCCP’s Internet Applicant Recordkeeping Rule.

    Federal contractors are required to save records when they search a resume database, whether it is an internal or external database. For internal resume database searches, you will need to keep a record of the following:

    • A record of each resume added to the database
    • A record of the date each resume was added to...

  • Asked by Gina C. - Apr 11, 2017
    Are we required as a Federal Contractor to post the Reaffirmation of Affirmative Action Policy Statement along with the signed copy of the EEO/AA Policy Statement? It seems that it would be redundant, if doing so, since it shares the same sentiment. I'm not understanding the purpose of the Reaffirmation one and if it's an optional thing to do on our part or is it required. I can't seem to find anything out on the OFCCP website regarding this, so if you can kindly shed some light on this subject, it would be much appreciated. Thank you!
    Answered by Bill Osterndorf from HR Analytical Services - Apr 13, 2017
    Hi Gina. The affirmative action program regulations regarding protected veteran and disability status require that federal contractors and subcontractors have an EEO/AA policy statement. These regulations require that the...

  • Asked by Gina C. - Mar 30, 2017
    I have a few questions regarding self-sourcing for temporary contract types of positions. The scenario is that we (federal contractor) would self-source without any job posting for Temp Job Postings up to 72 hours and then if not, successful would turn it over to the approved 9 vendors through our VMS. In the case, we are successful and found someone on our own, through passive searches on Linkedin, associate referrals, school or local agency referrals, etc., we would then payroll the temp through a separate payroll service vendor. Our involvement would be to source and screen the candidate. They wouldn’t be an applicant, since they aren’t applying to a particular job, but would be reached out to for one. Again, it’s a “temp” and not a “perm employee”, that I’m referring to.

    That all being said, would we need to have the payroll service vendor post the temp position to the State Unemployment Office even if it’s only for a 3 day time period or have them post the position for the entire 30 days, or do they need to post at all? If we had the payroll service vendor post the temp position, would we then have any resume submissions go directly to them and forwarded along to us the employer. In the case, the position were to go out to an approved vendor after the 3 days, then the staffing firm will be responsible for posting the position to the State Unemployment Office and doing any diversity outreach on their own, since the temp would be on their payroll.

    My other question is on the database or resume searches, would we need to collect and retain info when it pertains to “temps”? I’m speaking on documenting the date of the search, the criteria, radius, and the results of your search (#).

    Lastly, we do plan on using a Temp Only-Talent Community to collect information on referrals, those that come across our career site, or that we self-source during those 3 days only to not conflict with the approved vendors that the temp position will go out to. Is that alright that we handle the data collection in that manner?

    Thank you!
    Answered by Bill Osterndorf from HR Analytical Services - Apr 05, 2017
    You have raised many, many issues in this post relating to the recruitment and selection of temporary candidates. A complete response would require about 14 pages of looking at all of the intersecting issues here, and I don't think you want a 14 page treatise.

    Many companies use temporary agencies in order to off-load both recruitment and selection processes. When a federal contractor signs an agreement with a temporary agency to find individuals who remain on the temporary agency's payroll, the federal contractor can appropriately say about these individuals "They don't belong to us. They are not our applicants, as we did not control the recruitment or selection process, and they are not our employees, as we do not pay them nor directly...

  • Asked by Anonymous - Mar 29, 2017
    I am wondering about the legality of blocking candidates on Wisconsin Diversity. I know there is a feature in which we can select that a potential applicant is "blocked" so that they do not see the postings for our company without going directly to our company website. Is this legal?

    We are thinking of using this only when an individual has been proven to be someone we would not hire based on our company culture. For example, we had a candidate who has applied several times and has since lied and adjusted the uploaded resume to fit what we have mentioned we are looking for. Our company's "compass" does not allow for this kind of dishonest behavior and we would not consider this candidate in the future.

    Please advise whether or not blocking a candidate is legally sound.

    Thanks!
    Answered by Bill Osterndorf from HR Analytical Services - Apr 05, 2017
    We'll start with the infamous "I'm not a lawyer, and can't offer specific advice on whether something is legally sound."

    With that out of the way, let's explore your question. You asked if you can block specific candidates from expressing interest in positions. The general answer to this question is "Yes, so long as you do so in a non-discriminatory manner." Organizations block specific candidates or specific types of candidates routinely, and agencies such as EEOC or OFCCP will accept this approach so long as the candidates are not blocked for an impermissible reason.

    One of the standard ways in which organizations block candidates is to ask qualifying questions that are tied to a position's minimum (or in OFCCP parlance "basic") qualifications....

  • Asked by Anonymous - Mar 16, 2017
    Is the EEO Tagline required for a job advertisement that is trying to hire "Contractors" only? If so, does the staffing firm say something along the lines as "Our client is an EO/AA...." or can we simply put something along the lines as "Qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, sexual orientation, gender identity, disability or protected veteran status"? Also, should we as the Federal Contractor be posting our Temp Positions on behalf of these Third-Party staffing firms or should the accountability be on their part?" These positions can be short or long-term contracts and if we were to consider a temp to hire scenario then the position would be posted on our career site, which would include the EEO tagline in the actual job advertisement.
    Answered by Roselle Rogers from Local JobNetwork™ - Mar 20, 2017
    Federal contractors are required under Executive Order 11246, Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), Section 503, and Executive Order 13672 final rules to state in all solicitations or advertisements for employees that all qualified applicants will receive consideration without regard to their status as a member of a protected group. Technically speaking, your obligations apply to positions that are in your payroll. If the contractor is going to be in the staffing...

  • Asked by Lisa L. - Mar 15, 2017
    We want to plan a facility tour for state employment and career services professionals to help them understand the roles and the working environment at one of our locations. We've never hosted a facility tour before - is there a standard agenda to follow? How much time should we allow? Our initial thoughts include:
    - Welcome and brief business overview by a business leader
    - Overview of hiring by a HR BUsiness Partner or Recruiter (a summary of the most hired roles along with their qualifications)
    - Facility Tour
    - Q&A

    Any and all guidance on hosting these tours is greatly appreciated. We're eager to understand the do's and don't's of these events.
    Thank you!
    Answered by Roselle Rogers from Local JobNetwork™ - Mar 20, 2017
    This is a great idea and a good way to get to know and build a relationship with your local state employment services personnel. This will also help them provide you with better qualified candidates based on the higher level of understanding they will have of your jobs,...

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