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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.
At my employer, we have internal diversity networks for Veteran's, Individuals with Disabilities, Females, and minorities. The purpose of these networks is to encourage and support diversity and inclusion for associates that are already employed. From time to time, these networks will participate in public/external events as a way to show support to that community. Would this count as an "outreach" activity for purposes of meeting our obligation or does outreach need to be more recruiting focused? As a Federal Contractor, we are required to show the effectiveness of our efforts and since the external event is not recruiting focused and doesn't yield any applicants, I would think that it doesn't count but wanted to hear from the experts on this please. Thank you!
The obligation to conduct outreach efforts is a component of a contractor’s affirmative action program. The regulations intend for it to help with achieving a contractor’s hiring benchmark for veterans, its utilization goal for individuals with disabilities (IWD), and its placement goals for minorities and women. Therefore, the expectation...
In addition to collecting applications from job seekers for a specific job requisition, our ATS allows our Recruiters to search for an existing applicant for any requisition and submit them to a different/new job requisition manually. These candidates would then be included in the data on which we report for this job requisition.
What are the legal implications with this? Should we always request that candidates apply directly instead of manually submitting them to a job requisition if we find them to be a competitive match for a new position?
Answered by Carla Irwin from Carla Irwin & Associates, Inc. - Mar 17, 2017
For a full explanation of the legal implications I would suggest talking to your employment attorney. However, the OFCCP's FAQs might shed some light on your recordkeeping requirements when it comes to internal and external database searches. There is always going to be a balancing act between proactive recruiting and compliance. Understanding your requirements is key to identifying your level of risk/liability tolerance, which will help you decide what process to use to either get as many or limit the number of candidates in each req.
Q: What records must be maintained from internal and external resume databases?
A: The Internet Applicant rule requires contractors to maintain any and all expressions of interest through the Internet...
In the webinar on 1/31/17 – Strategic Applicant Tracking and Analysis, they talked about the differences between candidates and applicants and that if they weren’t considered they don’t have to be included in the data. Slides 22-24 - The individual’s expression of interested indicated that individual possess the basic qualifications for the position. The reason code “does not meet internet application definition/Exclude from AAP”. Maybe I misunderstood, but if I ask basic qualification questions like those below and they say no, then they weren’t a candidate???? Do I need to use reason codes calling them a jobseeker vs. applicant. I'm not sure how the data would differentiate between someone I didn't consider (jobseeker) and applicant.
Q3. Do you have at least three years' experience in a regulated industry in a Quality role? (required) A. Yes
Q4. Do you have at least three years' experience in an ISO 13485 environment in a Quality role? (required) A. No
Q5. Do you have at least three years' experience inspecting incoming machined parts and/or welded sub-assemblies? (required) A. No
Q6. Do you have at least three years' experience conducting root cause analysis and corrective/preventative actions? (required) A. Yes
Q7. Do you have at least three years' experience maintaining inspection and non-conformance records? (required) A. No
Q8. How did you hear about this position? (For example, if through an agency, name the agency. If through a referral, name the person that referred you. If through a website or ad, name the location). (required)
I didn't view this webinar, so the speaker may have provided additional information on some of these points. However, I understand your confusion about this question of who must be included in applicant data to be presented to OFCCP. There are many technical terms that are used in this context that aren't explicitly defined in the federal affirmative action regulations and that are frequently not defined by people who are talking about the selection process.
You ask about the difference between a "candidate" and an "applicant." Neither of these terms in defined in the federal affirmative action regulations. The term that IS defined is "Internet Applicant." As your webinar most likely said, an "Internet Applicant" is a person who meets...
Answered by Carla Irwin from Carla Irwin & Associates, Inc. - Feb 27, 2017
Number 20 of the Itemized Listing does include documentation of all requested accommodations and their resolution. That would include any accommodations requested by applicants. Here is a link to the itemized...
If we utilize a staffing agency to assist us in sourcing for candidates, are those candidates also required to apply to the position posted on our site? If not, how do we capture the applicant information?
If the staffing agency is sourcing candidates for positions that are part of your regular workforce, you need to collect applicant information from those candidates, including demographic information for all candidates who are "Internet applicants." ("Internet applicants" are basically those applicants who are viable candidates for the positions in which they express interest.)
If you have a rule that in order to receive additional consideration, a candidate must express interest via your website, then the candidates referred by the staffing agency must be told that they are required to express interest using your website. Should they fail to do so, they should not receive further consideration from your company. If you have already received...
We have won a contract that will have task orders issued in different regions across the US and we would like to build a pipeline of candidates for the possible positions coming in the future. Many of these positions are in states and/or US territories that we currently don't have work in. There are a total of 300 possible openings. Are we able to post one job per job title and state that we are accepting applications and that the work could be in multiple states (listing out the states) or do we need to do an opening per job per location? We are unable to register with the ESDS in many of the states because we do not have any current work there.
Here's the relevant language from the federal regulations:
41 CFR 60-300.5(a) 2. The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract and those which occur during the performance of this contract...with the appropriate employment service delivery system where the opening occurs....In order to satisfy the listing requirement described herein, contractors must provide information about the job vacancy in any manner and format permitted by the appropriate employment service delivery system which will allow that system to provide priority referral of veterans protected by VEVRAA for that job vacancy. 3. Listing of employment openings with the appropriate employment...
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