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Contingent Offers

Jim S. - July 11, 2021
Back to Ask the Experts


As a Federal Contractor, we understand that the OFCCP provides certain guidance and guidelines for our hiring practices. Important to follow fair and consistent hiring.

Our current process: we determine our customer’s critical staffing needs, open a requisition in our ATS, post it and then screen and interview qualified candidates. (Our roles go out to many organizations as well as to the State Job Boards). We then make a contingent offer which is based upon our customer’s approval and formal contract authorization (to bring our new hire on to perform work for them).

Question: is it acceptable to have a candidate sign a contingent offer ahead of our ability to have them apply for a specific role in our ATS? What if we haven’t opened or posted a role yet, can we still make them a contingent offer and remain compliant with OFCCP guidelines?

1 Answer

Our Experts

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Ahmed Younies

President and CEO, HR Unlimited, Inc.

Alissa Horvitz, Esq.

Member Attorney, Roffman Horvitz, PLC

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Angel Fischer

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Ellen Shong-Bergman

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Managing Attorney, Roffman Horvitz, PLC

Julia Mendez Achee

Senior Consultant - EEO/Affirmative Action Division, Biddle Consulting Group

Lisa Kaiser, Esq.

Lawyer, The Kaiser Law Group, PLLC

Marilynn L. Schuyler, Esq.

Senior Counsel, Seyfarth Shaw

Matt Nusbaum

Senior Consultant, Director, Biddle Consulting Group, Inc.

Roselle Rogers

Vice President, Diversity, Equity, and Inclusion, Circa

Stephanie Stahr

Senior HR Consultant, Berkshire Associates

William E. Doyle, Jr., Esq.

Former Deputy Director, OFCCP Partner, McGuireWoods LLP

Zoe Ann Whitley

Manager, Consulting Services, Affirmity

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