Strictly speaking, no, since there is no bona fide job available. However, it is not typically a best practice to only consider one applicant for one hire as no meaningful adverse impact analyses can be conducted. Realistically speaking, if the company is hiring many, than one hire will not have much, if any, impact. If the company is hiring few, or if the practice described in the question is regular, then it could be an issue with conducting analyses and possibly other issues that may be fact dependent with a company's particular situation. Language from the regs are below. 3. Listing of employment openings with the appropriate employment service delivery system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. 6. As used in this clause: i. All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full-time employment, temporary employment of more than three days' duration, and part-time employment.
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.