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 - Mar 05, 2019
    Our university currently requires all postings to be open for a minimum of five days to the general public. We are considering extending the number of days to match other universities who range anywhere from 5 to 21 days. As an affirmative action contractor, we see the benefit of extended days as: more time for applicants to compose a thoughtful application; allows time to feed to job boards; gives job seekers at least one weekend to review, gives hiring teams the time to review the diversity of the pool; however, we have gotten immense push back from our stakeholders. Do you have any thoughts on whether opening the posting longer does support a better recruitment? It doesn't appear OFCCP has made an official statement on posting days. Do you have any advice, resources or content that we could use to support our position?
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Mar 05, 2019
    Excellent question. Providing more days for posting provides the best opportunity for reaching diverse candidates. It sometimes takes several days for a job announcement...

  • Asked by Anonymous - Feb 21, 2019
    Good afternoon,

    We have a question regarding the presence of English proficiency minimum qualifications in job postings. Hiring units in our company have been requesting the addition of the following minimum qualifications to their job postings:

    * Must be able to communicate effectively in English.
    * Must be proficient in English.

    What are your thoughts regarding these types of English minimum qualifications? Are there circumstances where this type of requirement is appropriate? What limitations exist in the use of these minimum qualifications, if any?

    Thank you, in advance, for your thoughts.

    Answered by Roselle Rogers from Local JobNetwork™ - Mar 04, 2019
    You are absolutely correct in exercising caution. Employers should think twice and be very careful about imposing English fluency and English-only requirements in job qualifications and in the workplace, as this may constitute discrimination on the basis of race and/or national origin under Title VII of the Civil Rights Act.

    There are very narrow circumstances where this is permissible and I strongly recommend you do this under the direction of your employment counsel....

  • Asked by Anonymous - Feb 19, 2019
    We occasionally get new employees who give multiple responses on their EEO Self-ID form. For example, an employee recently responded as Hispanic and Two or More Races (not Hispanic). What is the proper way to record such responses for reporting on EEO-1 and AAP?
    Answered by Ellen Shong-Bergman from Ellen Shong & Associates - Feb 21, 2019
    If an EMPLOYEE declines to disclose EEO-1 reporting information the employer is instructed by the government to make a visual identification. And you’re in the same boat if s/he has provided information you cannot use for reporting purposes.

    Of course, employers are reluctant to make visual identifications and I have a feeling that employees wouldn’t be thrilled with it either -- if they knew. But I suspect that the most likely explanation for these unusable responses is that some employees really don’t understand the options. I’d suggest that someone in HR, preferably someone from your EEO Compliance Team, get in touch with such employees. Whether you do this by email, by phone conversation or face-to-face is a judgment call and should...

  • Asked by Elizabeth P. - Feb 06, 2019
    We utilize screening questions in our Applicant Tracking System. Does the same disqualifying criteria need to be in place for both internal and external applicants?
    Answered by Ellen Shong-Bergman from Ellen Shong & Associates - Feb 06, 2019
    No, Elizabeth, you need not have exactly the same “disqualifying criteria” for both internal and external job seekers – always assuming, of course, that such differences really ARE BASED SOLELY ON THAT STATUS. I hope I’m understanding that you would use as a reason something that was peculiar to that status and not something that could possibly be attributed to/associated with race, gender, etc. Or to deciding that a “basic qualification” that had already screened out external job seekers – and discouraged others -- would not screen out internal job seekers! NOTE: If that’s what you want to do, please ask the question again with some more details so that I can reply to those facts that are different than what I am assuming. That is, I’m...

  • Asked by Anonymous - Feb 06, 2019
    I am putting together our AAP for our region (Oregon). I noticed that there are different minority benchmark % depending on location within a state. What % do you use, if you are creating an AAP for an entire region (state)? Thank you for the help.
    Answered by Ellen Shong-Bergman from Ellen Shong & Associates - Feb 06, 2019
    Unless you are a construction contractor (and if you are, please ask the question again and say so) I assume your question refers to performing the Availability Analysis that the regulation (41 CFR 60-2.14) requires be performed for EACH Job Group and SEPARATELY for minorities and women. While the OFCCP annually established the percentage "benchmarks" for the hiring of veterans and for hiring of individuals with disabilities, the contractor must establish its own annual AAP Goals for women and minorities using the method mandated by regulation. The regulation requires the contractor to consider at least two factors; the first one involves estimating the percentage of minorities and of women who have the requisite skills who are outside the...

  • Asked by Anonymous - Feb 06, 2019
    What are the nationwide percentage goals for IWDs, veterans, women and minorities?
    Answered by Roselle Rogers from Local JobNetwork™ - Mar 04, 2019
    With your reference to “goals,” I am assuming that you may be referring to the Hiring Benchmark for Veterans and the Utilization Goal for Individuals with Disabilities.

    Federal contractors are required to establish a hiring benchmark for protected veterans each year using the annual national percentage of veterans in the civilian labor force, or establish their own customized benchmark. The national...

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