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 - Dec 05, 2018
    I watched the documentation best practice webinar. I have a question about dispositions. Is it best practice to reject candidates based only on their resume? Or should we have application questions that clarify by self report if an applicant does or does not meet minimum qualifications?
    Answered by Ellen Shong-Bergman from Ellen Shong & Associates - Dec 05, 2018
    Do you truly mean “MINIMUM qualifications” – as distinguished by law (OFCCP regulation 41 CFR 60 – 1.3, within the LONG definition of “Internet Applicant”) from “BASIC qualifications”? Since you made reference to the documentation webinar, I’m going to assume you mean BASIC qualifications. BIG difference! [A difference that really matters for purposes of certain record keeping obligations is the duty to solicit race, sex and ethnicity information, in general for government contractors, only from those who meet the definition of “Internet Applicant” – which may be a small percentage of the masses of people who need only “press a button” to apply for each job. This is also a difference that really matters with respect to the annual analysis...

  • Asked by Anonymous - Nov 29, 2018
    We are a non-profit servicing elders and disabled that recently aquired another non-profit agency in the same sector. This new acquisition received notice of an OFCCP audit. The last AAP plan in place is dated 2016. They have no ATS in place and no applicant data at all aside from 3 boxes worth of hardcopy applications. How do I go about creating an AAP with no applicant information or virtually no information aside from current employee data? The plan would essentially be incomplete. Do you suggest we take the time to input all of those paper applications? How do you suggest I tackle this and what should my first steps be?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 03, 2018
    In an audit, it is imperative that the Affirmative Action Plan and support data be as complete as possible. According to the rules and regulations enforced by the OFCCP, a lack...

  • Asked by Anonymous - Nov 16, 2018
    We are looking at turning on our employee self-service which would allow employees access to their personal data and potentially to update their personal information (address, SS#, DOB, etc.). One of the screens includes fields for veteran, race, gender and disability status. I know that the OFFCP has set explicit requirements around using the OMB established form or adhering to the font, size and text specifications, but didn't know how this impacts HRIS systems. Are we required to offer that form electronically or hard copy anytime an employee wishes to self-identify? If that is the case, I would imagine these fields would need to be hidden from view. We have a hard time getting employees to self-identify. It would be nice to offer them the option to go in and update their information without having to go through HR.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 03, 2018
    It would be a nice option, but OFCCP requires that its OMB approved form be used for any self-identification regarding disabilities. As you noted in...

  • Asked by Anonymous - Nov 14, 2018
    I work for a DOD contractor in which we primarily hire software engineers. Every summer, we hire a new cohort of new graduates to join our company. Before we make individual offers to these recent graduates, we collect their academic transcripts for review. Currently, only HR (and occasionally the hiring manager) have access to the transcripts. We are generally looking for GPA's above 3.0 and that the students did well in their engineering classes. However, our interviewers are requesting to see the transcripts in advance of the interview, and in addition to the resume. In other words, when sending our interviewers a calendar item for the interview, the interviewers would receive the candidate's resume and transcript. For candidate privacy, do you see any issue with the interviewers (a broader scope than HR) having access to the transcripts? My concern is that information on the transcript will create a bias in the interviews. I am also concerned that if a candidate is not able to send his/her transcript, we are not conducting all interviews equally. If it is permissible to allow interviewers to access the transcripts, should HR inform the candidate that their transcripts may be sent to the interview team? Thank you. 
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 03, 2018
    Since this is a question about privacy versus OFCCP compliance, it is a bit out of my area of expertise, but I want to give you some information at least, from a compliance perspective.

    Any time a company is reviewing job qualifications, it is important to understand why the criteria are what they are. In other words, why is a 3.1 acceptable for a new hire, but not a 2.9? What is...

  • Asked by Christina S. - Nov 08, 2018
    Our company has a large IDIQ contract where tasks are frequently being awarded. Often times, we are able to negotiate rates on these new task awards based off of current market value. We are currently able to keep the salaries generally similar with a few justifiable exceptions. However, the current job market for certain labor categories is VERY competitive. Companies are paying higher than market value to attract employees. This, of course, creates an issue for us when it comes to retention and negotiation of salaries for new employees. We believe we will be able to obtain an equitable adjustment from the government on our rates but need to be able to attract new talent until that adjustment is granted.

    So, my questions are these:
    1. How can we justify a higher salary for employees on the new task who have the same labor category, description, education, and experience requirements as those on older tasks until the equitable adjustment comes through?
    2. If we are audited during the time we are waiting for the adjustment, will we be found to be non-compliant?

    Also, we have been reading the new OFCCP guidelines. How does a company create a PAG if there are less than 20 employees in any one group?
    Answered by David Cohen from DCI Consulting - Nov 15, 2018
    As long as the higher salaries are based on a business necessity and are done in a non-discriminatory manner and/or have an impact on protected groups this would not be a problem under EO11246. Remember...

  • Asked by Anonymous - Nov 08, 2018
    We recently changed HRIS systems to Paycom. Our new onboarding process enables new hires to complete required forms as it relates to OFCCP and EEO compliance. They can electronically complete Vets and Disability required forms and it is then housed in the document section of their electronic file. My question is, for auditing purposes do we need to print out a hard copy of the Vets and Disability form for each person and keep it in a separate file as in the past, or can we simply print it from that person's document section if it is requested.

    Thanks for your help.
    Answered by Alissa Horvitz from Roffman Horvitz, PLC - Nov 15, 2018
    OFCCP issued a Frequently Asked Question on this topic. In the FAQs for Section 503 (Rehabilitation), under the topic of Self-Identification, #5, OFCCP gives employers the option to store the electronic record and print it out if requested. There is no requirement to print out a hard copy of each form and store it in hard copy in separate files as was done in the past:

    FAQ5. What information must a contractor store in order to demonstrate its compliance with the requirement to invite voluntary self–identification of disability from applicants and...

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