Understanding Mandatory OFCCP Job Listing Requirements

Related resource: Ensure OFCCP mandatory requirements are met by giving protected veterans the first opportunity to apply to jobs.

The Vietnam Era Veteran’s Readjustment Assistance Act of 1974 (VEVRAA) is one of the three laws OFCCP enforces. VEVRAA applies to a company with a federal supply and service or direct construction contract or subcontract of $150,000 or more. Specific to VEVRAA is the mandatory job listing requirement.

First, what is the requirement?

Under VEVRAA, federal contractors are required to post open job listings to state Employment Service Delivery Systems (ESDS) with three exceptions: (1) Executive positions (2) positions lasting 3 days or less (3) positions filled internally.

Now you may be asking, what’s an ESDS?

While they vary from state to state, typically an ESDS is some combination of a state’s job bank, state and local employment and career agencies, and local One-Stop Career Centers. Contractors need to send open jobs to the ESDS closest to where the job is located, and there are special instructions for jobs which are 100% remote.

And what exactly do contractors need to do?

In the simplest terms, for every state in which you post job openings you need to:

• Set up an account: This includes identifying your organization as a federal contractor, asking for priority referrals of protected veterans, as well as supplying contact and address information for each location you’re hiring for
• List your jobs: For every state you will post your jobs in the “manner and format” that is required by that state. Be sure to have an appropriate EEO statement and ensure the posting is marked for veteran preference
• Keep records: To prove compliance, you’ll need to keep 3 years of records proving you’ve posted your jobs correctly. Having records that are consistent, sortable and easy to locate will greatly help at the point where the OFCCP asks to review your data.

Hints, tips and strategies:

Consider broadcasting your jobs to the widest audience possible by posting and distributing your jobs to all ESDS locations, community based organizations, universities, state vocational offices and other groups who may supply the candidates you’re looking for.

While job distribution doesn’t cover OFCCP’s outreach requirement, it is a good place to start. Using your AAP goals and your job listings to focus your recruiting efforts is always a best practice. For more on the outreach requirement AJE has a recorded webinar on “Tackling the Outreach Requirement.” Make sure you’re doing everything you can to maintain compliance for job listing. We’ve put together a handy checklist to use as a starting point.

Author

Stevens Tate