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Outsourcing open position to a 3rd party recruiter – How to best disposition and stay compliant

Meagan M. - May 25, 2018
Back to Ask the Experts

I’m trying to figure out the best way to be compliant with OFCCP for a job that we started recruiting for ourselves but ended up outsourcing to a 3rd party recruiter (head hunter). We only reviewed about half the candidates that applied to our position before outsourcing to the 3rd party recruiter. We didn’t close the position however, which was possibly where we went wrong. For those 10+ candidates that applied after we decided to use the 3rd party recruiter how do we show that they weren’t actually considered for the position at all. As of right now I’ve marked them as “late applicants” because that is the best disposition I could find that seemed to fit. These candidates shouldn’t be considered in our Affirmative Action reporting then because they weren’t actually reviewed/considered by our recruiter, correct?

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, 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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