The Equal Opportunity Clause of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) states that: “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.” This means that a contractor must list or post their jobs with the Employment Service Delivery System (ESDS) as soon as they start recruiting for it, and keep the posting active until it is filled. It does not necessarily specify a minimum or maximum number of days that jobs must be posted. As for the state ESDS sites, there is no minimum number of days to post a job on the ESDS, nor a requirement to post it for at least 3 days. If you have filled the job, you are allowed to close the job posting. What you may be referring to is one of the three exceptions allowed. Contractors covered under VEVRAA are required to post every single job opening they have on their payroll with the exception of: 1) executive and senior management positions, 2) jobs filled internally, and 3) jobs lasting three days or less. If your job only lasts for a short duration of three days or less, you are not required to post it to the ESDS. As far as FL and IN are concerned, there is no requirement on their end to keep a job posted if the contractor has already filled the position, nor is there a specified duration or number of days that OFCCP mandates when it comes to job postings. In fact, most states expect contractors to let the ESDS representatives know if the position has been filled and if the contractor hired anyone from the applicants they have referred. The key thing to remember is that, with the exception of jobs that fall under the three categories mentioned above, contractors are required to list all of their jobs to the appropriate ESDS in the state where the job is located, as soon as the contractor starts recruiting for it, and to keep that job active for as long as the job is open, to allow the ESDS to provide priority referral of protected veterans to contractor positions. Once the position is filled, contractors are not required to keep the job posted.

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.