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 - Feb 05, 2019
    I am pretty familiar with OFCCP regulations, but I can't find good information about how to think about promotions.

    In our current system, we do not promote employees in the usual fashion. What we do is open the position internally, have people apply, and then give the job to the best qualified person. This is very taxing on time but is the only way we know how to stay compliant.

    There must be a mechanism where federal contractors can promote people without going through that whole process. Am I reading into it too much? Or are we truly playing by the book? Is there a process I can implement so we can shoulder-tap and stay compliant?
    Answered by Bill Osterndorf from HR Analytical Services - Feb 05, 2019
    OFCCP has never provided effective guidance regarding promotions. Many people read the agency's "Internet Applicant" regulations as a guideline to dealing with promotions, but a close reading of those regulations suggest that they were developed to deal with issues surrounding new hires (that is, external selections) rather than promotions (that is, internal selections).

    OFCCP does not force employers to provide an avenue for employees to express interest in every internal opening. The agency recognizes that some internal openings will be filled through natural progression or through the selection of an obvious candidate for the opening. What OFCCP does require is that employers ensure there is no discrimination in regard to the selection...

  • Asked by Joe H. - Jan 23, 2019
    Where can I find anything about impressions, clicks or applications which will allow us to compare an ROI for our ad?
    Answered by Roselle Rogers from Local JobNetwork™ - Jan 24, 2019
    Most employment websites should be able to provide you statistics on the performance of your job advertisement. Customers of LocalJobNetwork, for example,...

  • Asked by Anonymous - Jan 09, 2019

    Would it be appropriate/compliant to add a disposition code to indicate that while the candidate may be qualified, they live out of state and relocation is not offered? If so, how is this best worded?

    Thank you!
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jan 09, 2019
    It is within compliance requirements to have such a disposition. The challenge with all dispositions is to apply them consistently without making exceptions. If there is a "hiring radius" for a particular job, it should not cause adverse impact. It also may vary by job. (An admin position...
    Answered by Ellen Shong-Bergman from Ellen Shong & Associates - Jan 21, 2019
    I am a strong believer in disposition codes that record the actual reason the job seeker was eliminated from further consideration -- provided, of course, that the reason is not one that is discriminatory on its face (disparate treatment). If ANY reason for rejecting a job seeker who also meets the definition of Internet Applicant disproportionately excludes a particular race/gender/national origin group the employer must be able to articulate the business necessity for that reason so I certainly agree with Lisa that reasons for non-selection (and the corresponding disposition codes) should be narrowly drawn and be well grounded in fact and the employer’s experience. And I agree wholeheartedly that the employer’s unwillingness to pay relocation...

  • Asked by Mary S. - Jan 07, 2019

    Oftentimes in my organization we will be waiting to hear back from a Hiring Manager prior to sending them a new batch of qualified resumes. For example, we may have 5 new applicants for x position, so we review them to see if they could be a fit. However, if we sent the HM 3 resumes a day or two prior, we would want to hear back about those before sending new ones.

    What is the best way to approach this to be compliant? Right now, we are leaving opened resumes in our "New" status and rejecting those which do not meet our basic requirements. The next step we have outlined is "Hiring Manager Sent". We were considering adding a new status code, and are interested in hearing your thoughts.
    Answered by Roselle Rogers from Local JobNetwork™ - Mar 04, 2019
    Federal contractors may use data management techniques to manage large applicant pools. This is especially helpful for jobs that attract a high volume of applicants, and allows the employer to set a predetermined number of applicants to be reviewed. For example, the company might have a policy that only the first 50 applicants who expressed interest in the...

  • Asked by Jennifer L. - Dec 13, 2018
    We always try to bring interns/co-ops back for multiple terms and often try to get their commitment before they leave to go back to school well in advance. Given that, is there any requirement to post once they have joined us once for additional internships/co-ops?
    Answered by Roselle Rogers from Local JobNetwork™ - Jan 07, 2019
    The obligation to post your positions with the ESDS per the VEVRAA mandatory job listing requirement, applies to all payroll positions, with the exception of senior...

  • Asked by Chelsea B. - Dec 13, 2018
    Hi there!

    We are currently updating our company's job application with a 'Statement of Accuracy' at the end, basically stating that all information is correct, this application doesn't guarantee employment, etc. etc. etc. We have the option to just select 'Yes' from a drop down when asked this question, OR select 'Yes' AND type their name. Does anyone happen to know if it is required to write your name, or if clicking 'Yes' would suffice? we just want to make sure that we are following correct protocol and staying in compliance.

    Thank you!
    Answered by Roselle Rogers from Local JobNetwork™ - Jan 07, 2019
    Depending on your state location, it may or may not be acceptable. There may be certain laws in your state that require that the applicant initial the certification or write in their name. Many states have state-specific laws on various aspects of information that...

This forum provides information of a general nature. None of the answers or information provided is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. Additional facts and information or future developments may affect the subjects addressed. You should consult with an attorney about your specific circumstance before acting on any of this information since it may not be applicable to your situation. The Local JobNetwork™ and all experts expressly disclaim all liability with respect to actions taken or not taken based on any or all of the contents of this forum.