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Data collection during Passive Sourcing process

Mike D. - June 28, 2021
Back to Ask the Experts

We are a 3rd party staffing provider who happens to be owned by a company that is a Federal Contractor. As a result, we understand that we need to operate as though we are also a Federal Contractor. Assuming this is required, we are struggling to determine where in our process is the right time to request demographic in order to remain compliant while also not creating a poor experience for potential candidates (ie. requesting demographic data before they even know we looked at their resume in a paid resume database).

Below is a high-level overview of the job order and sourcing process within our staffing operations. We are attempting to understand when the OFCCP would expect us to request demographic data in our process so as to be compliant with their expectations, specifically as it pertains to passively sourced talent.

• Client job order is received by Account Manager
• Account Manager enters job details into Bullhorn recruiting platform
• Job order is assigned to a Recruiter
• Recruiter publishes job to career site; Job is scrapped and posted to job board partners (Active Sourcing); Any applicants responding to the job postings are automatically provided with the opportunity to disclose demographic data specific to OFCCP
• Recruiter searches for potential candidates from Bullhorn recruiting platform and paid resume databases (Passive Sourcing); Search logging is enabled for all paid resume databases
• Passively source candidates who are deemed as potential candidates are added to the job order in Bullhorn as a Prescreen for organization of work, outreach tracking, and management oversight purposes
• Recruiter begins outreach to passively sourced candidates to determine interest and qualifications using logged activities and notes in Bullhorn
• Interested and qualified candidates are changed to a status of Internal Submittal for review by Account Manager responsible for the job
• Qualified candidates approved by the Account Manager are submitted to the Client for consideration

1 Answer

Our Experts

Comprised of former OFCCP directors and respected thought leaders in OFCCP compliance, affirmative action, and EEO.

Ahmed Younies

President and CEO, HR Unlimited, Inc.

Alissa Horvitz, Esq.

Member Attorney, Roffman Horvitz, PLC

Allen Hudson, PHR, SHRM-CP

CEO, HudsonMann

Angel Fischer

Angel Fischer

Bill Osterndorf

Principal Consultant, DCI Consulting Group, Inc

Carla Irwin, Esq.

President, Carla Irwin & Associates, Inc.

Craig Leen

Board Member, Circa

David Cohen

President and Founder, DCI Consulting

Ellen Shong-Bergman

Former Director, OFCCP and Retired President, Ellen Shong & Associates,

Josh Roffman, Esq.

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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