So, here's where the revised regulations for veterans and individuals with disabilities (or, more precisely, OFCCP's FAQS about the revised regulations) cause problems. When presenting data in the Executive Order 11246 AAP, I would suggest you EXCLUDE internal applicants. When presenting data in the AAP(s) for veterans and individuals with disabilities, you probably need to INCLUDE internal applicants in the statistics on total applicants, veteran applicants, and disabled applicants. This would be true because "hires" includes both external hires and promotions (i.e. external selections and internal selections). Just to be clear, however: OFCCP's FAQs are just that - answers to frequently asked questions. An entirely reasonable reading of the veteran and disability regulations would say that "hires" means external hires, in which case "applicants" should mean external applicants. If your organization wants to take this position, you would certainly be within your rights to do so. The revised regulations say you must present an opportunity for self-identification to pre-offer applicants and post-offer applicants, and that you must report on information gathered through the self-identification process. The regulations do not define the words "applicant," "hire," "job openings," or "jobs filled." I will stand by my advice above on the Executive Order 11246 data: exclude internal applicants. I also agree with you that you probably need to include internal applicants in the data for the vets and disability AAPs. How you handle this issue is really up to you. I'll say again in closing that you're asking good questions here. Unfortunately, there are no simple answers because OFCCP simply hasn't done a good job defining some basic terms. Feel free to contact me directly if you want to discuss this further.

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.