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Transferring Candidates to different positions

Stacie R. - January 21, 2021
Back to Ask the Experts

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

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Ahmed Younies

President and CEO, HR Unlimited, Inc.

Alissa Horvitz, Esq.

Member Attorney, Roffman Horvitz, PLC

Allen Hudson, PHR, SHRM-CP

CEO, HudsonMann

Angel Fischer

Angel Fischer

Bill Osterndorf

Principal Consultant, DCI Consulting Group, Inc

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

Julia Mendez Achee

Senior Consultant - EEO/Affirmative Action Division, Biddle Consulting Group

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.

Roselle Rogers

Vice President, Diversity, Equity, and Inclusion, Circa

Stephanie Stahr

Senior HR Consultant, Berkshire Associates

William E. Doyle, Jr., Esq.

Former Deputy Director, OFCCP Partner, McGuireWoods LLP

Zoe Ann Whitley

Manager, Consulting Services, Affirmity

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