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Follow up Question: Data Collection for VEVRAA and Section 503 AA Plans

Anonymous - Apr 19, 2016
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While gathering data for our count of job openings and jobs filled, we have stumbled upon some questions regarding how to set the date parameters on our reports for this data.

In regards to these regulations, OFCCP’s FAQs seem to define a “hire” as “applicants (both internal and external to the contractor) who are hired through a competitive process.” By contrast, hires seem related to external applicants only in terms of EO 11246. Yet in both situations the hire date dictates whether or not a hire and the associated applicant pools should be included in the data for the AA plan.

Using this logic to count our number of openings, we concluded that the openings should also be counted based on the hire date. That is, a job opening would be a job opened at any time but filled or cancelled during the AA plan year. For example, a plan year runs from 1/1/15 – 12/31/15. A requisition is opened on 12/1/2015 and closed on 12/30/15, but the employee is not hired until 1/3/16.

For all other purposes, data related to this hire would be reported with the 2016 plan. However, it is unclear whether or not this should count as a job opening for 2015 or 2016. We are assuming that it would count as an opening for 2016 based on the hire date (as with all other data).

Is this correct, or should we instead be basing our parameters on the requisition open date and counting it as a 2015 opening? Does OFCCP offer any guidance on how date parameters should be set for this data, or is this left to the employer’s best judgment? We are trying to keep our data consistent across all levels but are finding this to be an arduous task.

Thank you.

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

Beth Ronnenburg

President, Berkshire Associates

Beth Ronnenburg, SPHR, SHRM-SCP

President, Berkshire Associates

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President and Founder, HR Analytical Services

Carey Freitag

Human Resources Manager, Circa

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

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.

William E. Doyle, Jr., Esq.

Former Deputy Director, OFCCP Partner, McGuireWoods LLP

Zoe Ann Whitley

Manager, Consulting Services, Affirmity

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