Unfortunately, reasonability is not a requirement in this particular regulatory arena. Thus, an OFCCP compliance officer is likely to expect that each of your temporary openings is listed with the state employment service (i.e. the employment service delivery system, or, in Wisconsin, the Wisconsin Job Center) if you regularly convert temporaries to your regular workforce. The compliance office may even tell you that the listing must be contemporaneous with your request for temp candidates. Before I continue, an important note about temporaries: an individual who is working at your company through a temporary agency is generally not considered to be your employee for OFCCP purposes. If the individual is payrolled through the temp agency, the individual is the employee of the temp agency. Your obligation to submit the opening to an ESDS office technically occurs when the temp is converted to your payroll. However, most employers will not list the position at this time, since they already know what candidate will be hired. The only reasonable way to meet the ESDS listing requirement in this context is to have the temporary agency do the listing for you. You concern about requiring the temp agency to list with the ESDS office when your opening occurs is a very appropriate one. It does seem logical to allow the temp agency to show that they're doing on-going recruiting with the ESDS office. If you take this path, though, it will be very important to show there is some kind of nexus between the listings that the temp agency is doing with the ESDS and the openings you have at your company. If you routinely get assemblers from the temp agency, the temp agency should have documentation showing that they list all assembler openings with the ESDS office. If you occasionally get service techs from the temp agency, the temp agency should have documentation showing they list your service tech openings or all service tech openings. We recently had this exact question arise during an OFCCP compliance review. A company that used temp agencies routinely was asked to provide documentation from the temp agency that the temp agency listed THAT COMPANY'S positions with the relevant ESDS office. After much back and forth with the temp agency, we were able to provide copies of postings that showed that company's temp positions were sent to the ESDS office. I would encourage you to work closely with your temp agency to ensure there is documentation that your positions are listed with the ESDS office, either as part of a more general listing for candidates of a certain type or as a specific listing for your company.
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.