There is no prescribed way for posting the job you described above. However, in checking with OFCCP, what you would want to make sure of if you post the jobs together and eventually hire at the higher or lower level depending on skills and experience, is that you do not inadvertently open the door for placement discrimination. This can happen if you end up with a situation where you have (a) intentional or unintentional steering/placement of female applicants (or minority applicants) into the lower paying job, and/or (b) the 10 most qualified applicants for the higher paying position just happen to be males (or non-minority applicants). So as a best practice, you would want to set the minimum and preferred qualifications for each job level before applicants are known, and apply these uniformly. Using minimum qualifications is much “cleaner”, but obviously are more restrictive. If you are going use preferred qualifications in your evaluation, make sure these are quantifiable, job-related, and objective. You might also want to have each applicant indicate whether they want to be considered for one or both jobs and keep a record of this. This way, you are able to justify your hiring decision based on employee preference and employer qualification.
