You have raised many, many issues in this post relating to the recruitment and selection of temporary candidates. A complete response would require about 14 pages of looking at all of the intersecting issues here, and I don't think you want a 14 page treatise. Many companies use temporary agencies in order to off-load both recruitment and selection processes. When a federal contractor signs an agreement with a temporary agency to find individuals who remain on the temporary agency's payroll, the federal contractor can appropriately say about these individuals "They don't belong to us. They are not our applicants, as we did not control the recruitment or selection process, and they are not our employees, as we do not pay them nor directly control their work status." NOTE: there has been much discussion in the last few years about "co-employment." It is reasonable to assume that during a Trump administration, this issue of "co-employment" may become less of a concern, but it's important to understand that this issue will not entirely go away. Back to your specific situation. You indicate above that your company (not the temporary agency) is doing the sourcing for candidates who are then sent to the temporary agency. You also indicate that "Our involvement would be to source and screen the candidate. They wouldn't be an applicant, since they aren't applying for a particular job but would be reached out to for one." You have a problem. Based on what you've stated, your organization is not only doing recruitment, it is also also doing selection for candidates who ultimately are sent to the temporary agency. OFCCP would tell you that these candidates are, in fact, your applicants, regardless of where they ultimately end up. You are simply using the temporary agency as a holding place. When candidates come back to you through the temp agency, it is your company that has done recruitment and initial selection of candidates, and if there is conversion of any of these candidates to the regular payroll, you will have done recruitment, selection, and hire of these candidates. When your organization does recruitment and selection of candidates, you must follow OFCCP's rules about recruitment and selection. The most basic rule says there can be no discriminatory conduct in this regard. However, OFCCP will also tell you that you need to make outreach efforts to find qualified minorities, females, protected veterans, and individuals with disabilities as part of your recruitment efforts. OFCCP will further tell you that you must collect demographic information on race, ethnicity, gender, protected veteran status, and disability status from viable candidates (i.e. from "Internet applicants"), that you need to analyze data on viable candidates, that you need to ensure you have basic qualifications for positions that are objective, non-comparative, and job-related, and so on. Finally, if you are doing the recruitment for candidates, your must list the relevant position with the appropriate state employment service office. Here's my strong sugestion: if it is your intent to use a temporary agency in order to avoid dealing with the data collection and record-keeping associated with recruiting candidates for temporary positions, then you should have the temporary agency do the recruitment and screening of candidates. Otherwise, you will find yourself in the position where OFCCP expects that you have followed all of its rules regarding recruitment and selection for candidates who may or may not be converted to your regular payroll. You indicate that persons to be sent to temporary agencies "wouldn't be an applicant, since they aren't applying to a particular job, but would be reached out to for one." Unfortunately, that's not the way that OFCCP's Internet Applicant rule works. The Internet Applicant rule requires that candidates express interest, but the agency has made it clear that when passive recruitment is occur, there can be a tacit expression of interest that becomes active once the candidate is contacted about an opening. Further, when you consider a candidate for a position (even if the candidate will be ported over to a temp agency), you have "consideration" under the second part of the rule and you help to establish interest by the candidate under the first part of the rule. This again leads me back to my advice that you should have your temp agency do the recruitment and selection of candidates if you want to avoid having these candidates be your applicants. In regard to listing with the state employment service, if you continue to recruit and screen candidates and a position has a duration of four (4) days or more, you would be responsible for listing the position. If you allow your temp agency to do the recruitment and screening for candidates, then the temp agency should be told that the temp agency MUST list your potential positions with the appropriate state employment service office. If the temp agency does the recruitment and screening of candidates and does not do this listing, then your organization would be required to do this listing at the time you are considering a temporary candidate for conversion to your regular payroll. (This, of course, is a very inopportune time to do this listing, as you are unlikely to actually consider any additional candidates if you have one or more viable temps to consider for conversion.) In regard to database searches, if your organization is doing the recruitment and selection of candidates, you would need to collect and retain information associated with that search. I don't have much additional space to deal with your Temp-Only Talent Community question, but the bottom line is that you need to collect demographic data and record information regarding candidates your organization is involved in recruiting and screening. You may need to reconsider how you would form this talent community if you follow my advice above. Contact me if you wish to discuss these issues further. Good luck.
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.