Circa Named a Winner of the Southeast Wisconsin Top Workplace 2023 Award. Read Press Release+
Hi Becky, It depends on whether your company is a federal contractor or not. To comply with the laws and regulations enforced by the OFCCP, the company must solicit race, ethnicity, sex, veterans status, and disability status during the application process if the company is a federal contractor or subcontractor. A company cannot require an applicant to provide this data. Annually, the company must submit a VETS 4212 report (https://vets4212.dol.gov/vets4212/) and the EEO-1 report (https://www.eeoc.gov/employers/eeo1survey/index.cfm). VETS 4212: VEVRAA requires Federal contractors and subcontractors covered by the Act's affirmative action provisions to report annually to the Secretary of Labor the number of employees in their workforces, by job category and hiring location, who are qualified covered veterans (38 U.S.C. 4212(d)). VEVRAA also requires Federal contractors and subcontractors to report the number of new hires during the reporting period who are qualified covered veterans. The Veterans' Employment and Training Service (VETS) has issued regulations found in 41 CFR part 61-300 to implement the reporting requirements under VEVRAA. The regulations in 41 CFR part 61-300 implement the Jobs for Veterans Act (JVA) amendments to the reporting requirements under VEVRAA and require the annual submission of the Federal Contractor Veterans' Employment Report VETS-4212. All nonexempt Federal contractors and subcontractors with a contract or subcontract in the amount of $150,000 or more with any department or agency of the United States for the procurement of personal property or non-personal services. EEO-1 : The the EEO-1 will collect data on the race, ethnicity, and sex of workers, by job category, from private employers with 100 employees or more and federal contractors with 50 employees or more and $50,000 in contract(s). Employers meeting the reporting thresholds have a legal obligation to provide the data; it is not voluntary. The data is collected using the reports below and is used for a variety of purposes including enforcement, self-assessment by employers, and research. Each of the reports collects data about gender and race/ethnicity by some type of job grouping. This information is shared with other authorized federal agencies in order to avoid duplicate collection of data and reduce the burden placed on employers. Although the data is confidential, aggregated data is available to the public. Federal contractors & subcontractors that meet certain thresholds are required to develop an affirmative action plan and ensure that other obligations are met.
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.