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.
19 to 24 of 341

  • Asked by Anonymous - Mar 20, 2019
    I found a somewhat related question on this, but want to ensure I understand. If a job is cancelled, and there are applicants who have already been interviewed/dispositioned (considered for the job) should we change their disposition to job cancelled even if they were considered at one point? Or, should we include all who have been considered in our analysis and only change the disposition to "job cancelled" for the applicants who applied after the date the job was cancelled (since they were never considered)?
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Mar 20, 2019
    When we conduct adverse impact analyses, we are comparing the number of people hired to the number of people who applied...
    Answered by Ellen Shong-Bergman from Ellen Shong & Associates - Mar 21, 2019
    In your analysis and in any data reported to the OFCCP you must include ONLY "selections". Where a requisition is cancelled PRIOR TO MAKING ANY OFFER no "selection" has been made EVEN IF SOME HAVE BEEN “CONSIDERED”.

    The three essential elements of unlawful discrimination are 1) DENIAL, 2) of an OPPORTUNITY, 3) ON THE BASIS OF gender, race/ethnicity. It's easy to lose sight of, but all we are ever measuring is what the employer did, who it did it to and why. That is true whether one is performing a statistical analysis for disparate/adverse “impact” or for the purpose of investigating the possibility of disparate treatment. The situation you have posited has no "opportunity". There was a potential opportunity but, ultimately, there...

  • Asked by Anonymous - Mar 19, 2019
    Does OFCCP have training requirements for the Females & Minorities AAP?

    -Who needs to be trained - employees, supervisors, hiring managers, executives, recruiters?
    -What topics should be covered?
    -Is there a frequency requirement for employees to take training?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Apr 24, 2019
    There is no specific training time frame pursuant to the Code of Federal Regulations regarding the AAP for females and minorities for non construction contractors....

  • Asked by Anonymous - Mar 13, 2019
    We are planning to bring onboard (covert a current contractor) to a Mechanical Engineer that will be located in Hawthore CA, working on our company's behalf on a customer site.

    Our company is headquartered in NJ. The new hire currently resided in NJ.
    This new employee to be placed on CA site will spend the majority of his time in CA. Will fly to NJ once a month for no more than 5 days.

    My questions:
    Based on this work schedule and location, will the new hire be considered a CA employee?
    What do we need to do as a Company to ensure we maintain compliant hiring processes?
    He will get per-diem and accommodation reimbursement when visiting NJ, correct?

    Thank you very much,

    Answered by Roselle Rogers from Local JobNetwork™ - Apr 23, 2019
    I would advise that you check with your legal counsel to make sure you have the employee set up correctly as there are employee rights, worker’s compensation, and payroll tax issues involved here, to mention a few, which can vary by state.

    From a payroll setup perspective, in the case you outlined, generally speaking, employees who perform work in multiple states, would need to pay non-resident...

  • Asked by Anonymous - Mar 12, 2019
    Occasionally we will have employees respond 'Yes' to the Disability Self-ID form and then further specify their condition by either writing it on the form or by circling one already listed on the form. Due to the sensitive nature of medical information, we prefer that the specific condition not be included on this form.

    Is it the employee's right to provide specific information on this form or may we ask the employee to submit a revised response form? If they refuse, can we white-out the specifics?
    Answered by Bill Osterndorf from HR Analytical Services - Mar 29, 2019
    In our consulting work, we have seen a number of situations where an employee has disclosed a specific disability on OFCCP's self-identification form. It's always surprising when employees do this, but it happens more often than one might think (and certainly more often than OFCCP had expected).

    The invitation to self-identify disability is just that: an invitation to self-identify. Thus, it's difficult to think of a situation where you should ask an employee to complete a new form if they provide unexpected information. While there is no specific regulatory requirement that says "You must keep a self-identification form in the exact condition that an employee...

  • Asked by Anonymous - Mar 08, 2019
    In our Plan, we count internal hires as promotions or transfers, not as new hires. When I hire an internal candidate for one of our requisitions, should I delete that requisition out of my applicant flow and all of the other applicants, both internal and external who applied to that req?
    Answered by Ellen Shong-Bergman from Ellen Shong & Associates - Mar 12, 2019
    The short answer, Anonymous, is that a contractor may not destroy any employment record for so long as it is required to be maintained. To do so is, in itself, a violation of OFCCP regulations. The period of time items such as applicant and related records are required to be maintained varies, but since you are apparently speaking of a current record it would not be prudent to do what you ask. I know that's not...

  • Asked by Anonymous - Mar 06, 2019
    We are a construction company that utilizes temporary agencies to help staff our manufacturing plants. Are the temp agencies we use expected to also follow the same posting requirements as we are as a Federal Contractor? I was referring back to the presentation that LJN put on last summer on Outreach Targeting Veterans, Individuals with Disabilities, and More, and trying to decide what role they play into all of this, and how much of the requirements the temp agencies have to follow. I know they already post to the State job boards, but not sure if there is more they need to do. Thanks!
    Answered by Roselle Rogers from Local JobNetwork™ - Mar 22, 2019
    The temp agency, acting as your agent, is essentially an extension of your company for compliance purposes, so all the obligations that attach to ensure non-discrimination and absence of disparate impact in selection and hiring, would also apply to them.

    Because it is providing employees to work on your federal contract and these employees are on their payroll,...

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