If the staffing agency is sourcing candidates for positions that are part of your regular workforce, you need to collect applicant information from those candidates, including demographic information for all candidates who are "Internet applicants." ("Internet applicants" are basically those applicants who are viable candidates for the positions in which they express interest.) If you have a rule that in order to receive additional consideration, a candidate must express interest via your website, then the candidates referred by the staffing agency must be told that they are required to express interest using your website. Should they fail to do so, they should not receive further consideration from your company. If you have already received a resume or other information from the candidate, you should retain the resume and other information, but you should NOT give the candidate further consideration. You are allowed to establish a rule that says "Candidates referred by a staffing agency are not required to express interest through our website." I cannot recommend that you establish such a rule, as you will find that your lives will be much simpler during an OFCCP compliance review if you have a uniform manner for candidates to express interest. However, there is nothing to prevent you from allowing a certain class of candidates to express interest in an alternate manner. In this situation, you will need to find a way enter the same data you commonly collect from candidates who apply via your website from candidates referred by the staffing agency. The most likely scenario here would be that someone would be required to do data entry into your system from resumes and other documents you receive. Please note that you will absolutely be required to make an effort to collect demographic data from any viable candidates who were referred by the staffing agency. Please also note that you will be required to retain resumes and other information collected from all candidates referred by the staffing agency, even if they are not viable candidates. If you are using a staffing to source candidates for temporary positions where the candidates are hired by the staffing agency and remain part of the staffing agency's workforce until such a time as they are converted to your regular workforce, the situation is much different. OFCCP has generally approached candidates who are considered for temporary positions on an agency's payroll as candidates (and then employees) of the staffing agency rather than candidates (and then employees) of the federal contractor or subcontractor. Temporaries typically becomes the candidates of the contractor or subcontractor only when they are considered for positions on the contractor or subcontractor's regular workforce. Please note that there are a variety of co-employment issues that exist here, and it is not impossible that OFCCP would suggest that candidates for temporary positions are candidates of both the federal contractor and the staffing agency depending on how the hiring is handled. The best approach is to make all candidates who will be considered for positions on your payroll apply through the same method (which for you would be through your website) regardless of how they were sourced, and to avoid having candidates who will be considered for temporary positions on an agency's payroll apply directly to your company.

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.