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Do you treat a layoff as a termination? if not, then when employees return from layoff, they are not being hired and you should not treat them as applicants. If you DO treat a layoff as a termination, and therefore treat the return from layoff as a hire, then the person returning from layoff is an applicant. However, it doesn't make sense to post with the state job board or do any other form of outreach if no other candidates will be considered. (This is especially the case if the rehire is dictated by the provision of your bargaining agreement.) You would simply want to explain to OFCCP that the only person considered is the person who previously held the job and who was to be "rehired" under the terms of your bargaining agreement. When providing data to OFCCP, some federal contractors include data on layoffs and recalls. While OFCCP might not require this data under its formal regulations, including data on layoffs and recalls helps to ensure that the various statistical components in your affirmative action plans match. This is something you may want to consider, especially if you are now showing layoffs and recalls as terminations and hires. The discussion above assumes that your company is a supply and service contractor. If your company is a construction company that uses a union hiring hall, then what you've described as a layoff may in fact be a termination. Some of our construction clients routinely hire individuals from a hiring hall for the duration of a specific project, release them from employment, and then hire then onto another project soon after. These individuals may cycle from project to project, and may feel like long-term regular employees. However, if the bargaining agreement with the union says that when a job is done, individuals who had been working on that job leave your company and return to the hiring hall, then you have a series of hires and terminations for the same individuals, with the hire being dictated by the union. OFCCP has no resources that are specifically focused on union employers, though the affirmative action regulations have a number of references to unions. If the answers above aren't helpful, you may want to contact your local OFCCP office and see if they can provide you with technical assistance on how to deal with union issues in your AAPs.
You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.