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OFCCP Question

Jill M. - May 31, 2018
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We have opened a position to fill. The position has been opened for about 90 days. We decided to go outside to a third party firm who ended up filling the position for us. We use our ATS to allow the third party to send us candidates so we can track the hire for metrics purposes. Since the hire was ours, I closed the position and disposition the candidate as not hired because my company was not the one who filled the position. The position will end up being a 6 month to term position. So, in 6 months we will reopen that position and put him in it with a note that he was hired as a 6 month to term conversion and this is now the conversion to make him our employee. I disposition any candidates that come into the system as “other candidates more qualified, better fit”. Am I doing this properly or should I show the candidate as a hire even though it’s not our direct employee?

1 Answer

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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, SPHR, SHRM-SCP

President, Berkshire Associates

Bill Osterndorf

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.

Managing Partner, 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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