Developing an OFCCP compliance strategy is the best approach to meet the mandate for compliance, and limit potential liability issues due to non–compliance.
Ensuring there is no discrimination in the hiring process and jobs are offered to and reach minorities, women, persons with disabilities, and protected veterans is important for compliance, whether you are subject to an audit or not.
While developing equal employment opportunity and affirmative action practices is a long–term process that all employers need to address, this article outlines three key elements to ensure you meet specific OFCCP compliance guidelines for the New Year.
- Understand OFCCP Compliance Laws. If you have not done so recently, review the legal requirements that build the framework for OFCCP compliance. As a federal contractor or subcontractor, you are required to meet basic affirmative action and equal employment opportunity regulations. Multiple laws have been enacted which impact Affirmative Action and EEO hiring, one of which is the Rehabilitation Act, of which Section 503 requires affirmative action for individuals with disabilities. The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), which was enacted in 1974, mandates that those doing business with the government ensure their job openings reach qualified Vietnam era veterans returning home from the war and ensure there is no discrimination in the hiring process.The 2002 Jobs for Veterans Act (JVA) amended the order to include special disabled and disabled veterans, veterans who have enlisted in the Armed Forces and those in the active reserves or National Guard.
- Distribute job vacancies to appropriate state agencies. OFCCP compliance requires that job vacancy announcements are reaching state employment agencies, and in turn qualified applicants representing minorities, veterans, women and people with disabilities. Each state has its own unique career site, methods of accepting job postings and record keeping data requirements, so working with a one–stop job portal with expertise in OFCCP compliance, such as Circa , can help streamline the job posting process. Federal contractors need to prove that they are actively working with state career sites, posting jobs and keeping records of applicants relative to minority or veteran status.
- Understand OFCCP reporting requirements. Preparing hiring data for reporting regulations is important to compliance. It is imperative that employers proactively maintain data on job postings and have this data available for submission should they be required to do so during an audit, and on an annual basis. The collection, storage and reporting of online job applicant data is a key mandate to meet OFCCP compliance.
Ultimately, it is the responsibility of the employer to coordinate a solution that ensures compliance with EEO/OFCCP, and take the required steps to distribute, post and track job data. For more information on OFCCP compliance, or to list job posting on our job exchange, visit our OFCCP compliance resources.