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Transferring Candidates to different positions

Stacie R. - Jan 21, 2021
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We have many candidates who may apply for one position; however, are a better fit for another (we discover during a preliminary phone interview) and we need to transfer from one position within our ATS (icims) to another position. I am told due to OFCCP compliance, we can’t – the candidate has to fill out another application for that new job. This seems to be a lot to put on a candidate to fill out an application with 2 parts to it for a second time. Could we simply ask the candidate for permission to transfer them and note this in out ATS system that permission was granted? This would put the “work” on us and not the candidate. If it’s noted in our system “John Doe granted us permission to switch his application this additional role” – would we be covered for compliance? It seems we would be. Please advise. Thank you!

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

President, Berkshire Associates

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.

Lawyer, 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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