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Ask the Experts is an exclusive online forum provided by Circa. Federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity.

In Person vs. Virtual Interviews

Asked By Anonymous on Oct 09, 2021

Is it inappropriate or a potential discrimination to conduct some interviews in person and some via virtual platforms? (Zoom, Skype, etc.)

Answered on Oct 01, 2021

Beth Ronnenburg, SPHR, SHRM-SCP - President, Berkshire Associates

I don't believe it is inappropriate or potential discriminations to conduct some interviews in person and some via virtual platforms. I would recommend that the questions and format be consistent and the fact that it was in person or virtual should not play into the decision as to the candidates qualifications.

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1 Answer

Hiring Intern from 1 University

Asked By Anonymous on Oct 05, 2021

We have been approached by a university to hire a student for a 10 week period of time. They will work 40 hours a week and be paid. We would interview only students from that program at that university. We are a federal contractor and must stay compliant. Is it legal for us to only interview students from 1 school?

Any answer not posted yet.

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0 Answer

Campus Recruiting

Asked By Anonymous on Sep 23, 2021

Our company has a robust campus recruiting program. We hire highly specialized engineering students from universities all over the U.S. Currently, the question of how to remain compliant with our requisitions has been keeping us up at night. Based on college recruiting season (August – May), we find ourselves collecting hundreds (if not thousands) of applicants for each of our business units (offices). In addition to job postings, we are quite active on campus and interview students at these schools.

How can we remain compliant and not appear to cherry-pick students in our ATS when recruiting on campus? Additionally, how do we limit the amount of candidates applying when we have to keep a requisition open for 9+ months? I assume other companies are also active on campus and would love to hear what others are doing to stay compliant. I realize every organization is different, so if any experts can shed some light on this, that would be greatly appreciated!

Any answer not posted yet.

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0 Answer

Evergreen Requisitions & When to Invite to Apply

Asked By Anonymous on Sep 23, 2021

Hello,

I have a specific question as it relates to evergreen requisitions –

Post position in anticipation of an opening or extra work in the upcoming months > select hires from pool > unpublish or close the opening after 3 months to maintain a reasonable pool. If any are selected for hire, move through the government badging process which could be 8 months possibly a year. (This is really why we need a continual pipeline actually in the process).

Then when we have an opening in October, we move the person who has received clearance from that evergreen job that was posted in January to what is considered the same position that was advertised back in January. It is just basically when we have a start date available.

What happens if the same job but similar position becomes available? We define a position by shift but the job itself is the same, the same pay, level and duties. Is it a best practice to post an opening to that ‘real open position’ and invite everyone from that evergreen January position to apply or only those selected for hire or just those with a confirmed clearance who can actually start work?

The example would be job A posted in January with a shift of 9am – 5pm, selections made, posting unpublished or closed, but that anticipated future work has not materialized and a person has cleared. But job A with a shift of 1pm – 10pm has suddenly become open in October. Can the person cleared from the January pool, be moved in to the 1pm – 10pm job (everything else the same) or do we need to post that shift and invite everyone from January pool or only the person who cleared to apply?

This is a related article on this topic posted by Circa.

https://jobs.localjobnetwork.com/a/t-how-to-properly-manage-evergreen-jobs-to-limit-liability-au-milstein-gardner,-debra-articles-a8902.html

Any answer not posted yet.

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0 Answer

Releasing EEO-1 data

Asked By Anonymous on Sep 09, 2021

We have a request to release our EEO-1 data to the Bloomberg publication, as we have just been named to the Gender Equality Index. Should we have any concerns or do you have any recommendations.

Any answer not posted yet.

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0 Answer

Applicant Screening Process

Asked By Anonymous on Sep 09, 2021

Is it allowable practice under AAP to limit the amount of applicants that will be considered for a job posting? For instance, if 50 applicants apply during the posting period, can the organization take the first 20 applicants to screen first and only move to the remaining applicants if there were not enough qualified applicants in the first pool of 20?

Thank you.

Answered on Jan 10, 2021

Beth Ronnenburg, SPHR, SHRM-SCP - President, Berkshire Associates

Yes, this is allowable. There is no requirement to consider a certain number of applicants per posting. The scenario you described where the first 20 are reviewed and then adding another batch of a certain number if the first group does not yield an appropriate # of qualified candidates. The technique you use should be random sampling or absolute numbers in terms of deciding which ones to consider. If you use a different technique (such as closest zip codes, ranking...

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1 Answer

Temp-to-hire conversions

Asked By Daniel on Aug 24, 2021

Hello, I work for a government contractor and we post all of our roles per the mandatory job posting requirements under VEVRAA. When we post a temporary position, we invite some staffing agencies to submit candidates through our ATS portal and we screen all candidates from direct apply via a job board or an agency submission. In most cases we hire through a staffing agency, however at times we hire directly onto our payroll. When we convert the temporary employee to regular direct employment, we do not issue a new requisition and job posting as long as the conversion is the same job and qualifications (e.g. Machinist II temp to a Machinist II hire conversion). We were recently informed that we should post the role again, as the same role, however as a regular instead of a temporary position and have another applicant flow. Need help on the right direction. Thanks!

Any answer not posted yet.

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0 Answer

Posting of Rehire positions

Asked By Elenor L Duckens on Aug 24, 2021

Is a federal contractor required to post a position where a rehire is being considered? If so, is the position required to be posted through our normal process or could the process be shortened?

Answered on Oct 01, 2021

Beth Ronnenburg, SPHR, SHRM-SCP - President, Berkshire Associates

Yes, there are only 3 exceptions to the requirement to list all job openings. Those are 1) Executive and senior management positions; 2) Positions that will be filled from within the contractor's organization for which no consideration will be given to persons outside the contractor's organization, including openings which the contractor proposes to fill from regularly established 'recall' lists and 3) Positions lasting three days or less. You can shorten the process though.

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1 Answer

Contingent Offers

Asked By Jim S. on Jul 11, 2021

Hello!

As a Federal Contractor, we understand that the OFCCP provides certain guidance and guidelines for our hiring practices. Important to follow fair and consistent hiring.

Our current process: we determine our customer’s critical staffing needs, open a requisition in our ATS, post it and then screen and interview qualified candidates. (Our roles go out to many organizations as well as to the State Job Boards). We then make a contingent offer which is based upon our customer’s approval and formal contract authorization (to bring our new hire on to perform work for them).

Question: is it acceptable to have a candidate sign a contingent offer ahead of our ability to have them apply for a specific role in our ATS? What if we haven’t opened or posted a role yet, can we still make them a contingent offer and remain compliant with OFCCP guidelines?

Answered on Jul 21, 2021

Roselle Rogers - Vice President, Circa

The regulations that govern federal contractors or EEO for that matter, do not prescribe procedures that specify how employers should structure their hiring process. Federal contractors and subcontractors have a lot of latitude in defining their selection and hiring process, as long as the process ensures compliance with your affirmative action, nondiscrimination, and recordkeeping obligations. Your obligations may also vary depending on whether you are covered under one or more of the three regulations OFCCP enforces. You can find detailed...

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1 Answer

Hiring for lower position than advertised.

Asked By Anonymous on Jul 06, 2021

Are there any existing rules or guidance surrounding hiring candidates for lesser positions than what is posted or advertised. For example, if I post a position for an Engineer with a bachelors degree and 4 years of experience and then hire someone for that position with 1 year of experience and change the job to Junior Engineer. Is this legal?

Answered on Jul 12, 2021

Roselle Rogers - Vice President, Circa

There are no employment regulations that would prevent an employer from hiring an employee below the published job requirements. The key is supporting the employment decisions that were made. Context is important, too. What were the surrounding circumstances, why did you change the criteria and job level, who were in the applicant pool, and who was not selected. If OFCCP or EEOC were to look into this, would you be able to show that there was no steering involved and...

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This forum provides information of a general nature. None of the answers or information provided is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. Additional facts and information or future developments may affect the subjects addressed. You should consult with an attorney about your specific circumstance before acting on any of this information since it may not be applicable to your situation. Circa and all experts expressly disclaim all liability with respect to actions taken or not taken based on any or all of the contents of this forum.

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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