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Ask The Experts

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.

Targeted Self-Identification

Asked By Anonymous on Sep 16, 2022

My company is beginning a self-identification campaign and my manager wants to send targeted emails to individuals who do not respond or disclose. My recommendation is that we do NOT/CAN NOT do such. It could be invasive and harassing. The self-id process is voluntary and confidential. Any advice. I have recommended that we put the campaign reminder on our intranet for all employees to see as a reminder.

Answered on Sep 16, 2022

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

I am in agreement with you that sending targeted emails to only a portion of the workforce could be viewed in a negative way especially if these employees learn that not everyone was sent the email. My recommendation is to instead put steps in place to encourage employees to self-identify. If this is a campaign to collect disability information, for example, you might consider utilizing the following resources that the OFCCP has created to assist organizations in educating their staff...

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Can different levels of a position be posted on the same requistion?

Asked By Anonymous on Aug 17, 2022

We have an administrator role that we hire for very frequently. The role is set at two different levels, Level I (no experience) and Level II (2 years of experience). Is there a compliant way to post openings for these roles on the same requisition? In other words, post it in a way that we could be talking to candidates for either level I and II. We would make the job offer (specifying level I or II) based on the candidates’ years of experience. Because we are in need of this role so often, often the hiring manager can place the position at either level.

Answered on Aug 17, 2022

Roselle Rogers - Vice President, Diversity, Equity, and Inclusion, Circa

There are no regulations that fall within OFCCP's jurisdiction that would prohibit that practice. The federal government posts jobs this way, too (www.usajobs.gov). The impact of combining the pools comes when OFCCP observes adverse impact. Typically, where you have job group level adverse impact in hiring (e.g. In Job Group: 2-Professionals, male applicants are significantly more likely to be selected than female applicants) and employees apply to specific titles, the next data refinement would be to separate applicant pools by...

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Internal Posting Requirement

Asked By Anonymous on Aug 17, 2022

I am somewhat confused when reading the exceptions to listing: All employment openings includes all positions except executive and senior management, those positions that will be filled from within the contractor’s organization, and positions lasting three days or less. This term includes full-time employment, temporary employment of more than three days’ duration, and part-time employment. If we plan to fill a position internally, are we required to post the job internally? (Colorado excluded). We are really trying to clarify.

Answered on Aug 17, 2022

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

Federal contractors/subcontractors that are required to abide by VEVRAA (Vietnam Era Veterans' Readjustment Assistance Act) must list all job openings with a few exceptions. One of those exceptions is if the position is being filled internally. Therefore, if you are looking to promote, transfer, or demote someone to fill a position, you do not need to list the job with the ESDS for priority veteran referral. However, when you are searching outside the company to fill job openings, you must...

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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, SPHR, SHRM-SCP

President, Berkshire Associates

Bill Osterndorf

Principal Consultant, DCI Consulting Group, Inc

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

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.

William E. Doyle, Jr., Esq.

Former Deputy Director, OFCCP Partner, McGuireWoods LLP

Zoe Ann Whitley

Manager, Consulting Services, Affirmity

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