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.
Hello!
I am interested in partnering with a school that would assign us interns as part of a program that gives work experience to disadvantaged high school-age kids. Is it permissible to set this up and remain compliant with OFCCP? Do we have to in-tandem post the opportunity broadly? How do I stay compliant?
Hi Erich, Yes, the company must list all jobs occurring within the US, "except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less." It is possible to set up such a program. It is not necessarily easy, though. It is important to define this program as specifically as possible, e.g., for what jobs will the individuals be considered, what is the hiring process for this group, what...
Our organization has several small offices in over 30 states. Currently the way we run our plans is to roll all of those small office locations up to the state level and run one plan per state. The only exception to that rule is our headquarters which we run on its own given the number of employees tied to that facility. We know OFCCP states that establishments with 50 or more need a plan but we’re wondering…
1. what do we do with locations that don’t have 50 or more people, is rolling it up to the state level the best plan or do we not even need to roll those establishments up somewhere?
2. what guidance do you have about the risk we’re running by doing this on a state level vs. specific facility by facility.
The regulations that require federal contractors to develop and maintain a written affirmative action program provides contractors three options for handling establishments with less than 50 employees. 41 CFR § 60-2.1(d)2 Who is included in affirmative action programs states that: “Employees who work at an establishment where the contractor employs fewer than 50 employees, may be included under any of the following three options: In an affirmative action program which covers just that establishment; in the affirmative action program which...
Is there a tagline that is recommended by the LGBTQ community and Veterans Administration to really express our diversity in hiring?
To determine the appropriate EEO tagline for your company to use, you must first determine whether you are a covered contractor under one or more of the following regulations: E.O. 11246, Section 503, and VEVRAA. You may refer to this infographic for coverage thresholds. If you are covered under all three regulations, your tagline should at least have a clear reference to "disability" and "veterans" in addition to “An Equal Opportunity Employer” or “EOE" as a substitute for listing all...
We are a state DOT which has paid internship positions and I would appreciate any clarification I can get on the following:
Am I required to factor in the interns into the Affirmative Action Plan as I would any other employee?
Are we also required to factor those positions into the adverse impact analysis?
All paid internships are required to be posted like all other job postings correct?
Yes, yes, and yes. However, your applicant pool for interns may be separate from your other applicants, depending on how your hiring process works. Also, there may be some special considerations for hiring interns into permanent positions, since they may not compete with outside applicants.
We’re in discussion internally about the new Cannabis law in Illinois. I’m not sure how we’re impacted as a federal contractor and what our obligations are for Drug Testing. We’re considering removing the testing for Marijuana from the Pre-employment process. Is there anything from an OFCCP compliance standpoint that we need to be thoughtful of?
It is important to note that while many states have allowed medical and/or recreational use of marijuana, it is still prohibited under federal law. Currently, marijuana is listed as a Schedule 1 prohibited drug under the federal Controlled Substances Act. Companies with federal contracts valued at $100,000 or more are subject to the Drug-Free Workplace Act (DFWA) and are required as a condition of their federal contract, to provide and maintain a drug-free workplace. Though the Department of Labor has...
Hello,
Do you have to post a position if you have an evergreen req? I have evergreen reqs that I want to use for entry level roles. I would like to post the evergreen req so that I have constant pipeline an can easily fill an opening. If our hospital policy says we have to have positions open for 5 days and I am using an evergreen req to attract candidates, do I still have to post the position they are going to fill for 5 days before filling the role?
For federal contractors, all employment openings must be listed "except executive and senior management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less." Evergreen reqs often lead to issues in an audit, so a good practice with high volume is typically to run analyses frequently, perhaps quarterly, to ensure there are no areas of impact. Hope this helps.
Can you tell me either under EEOC or OFCCP if an employer that is federal contractor is required to provide a copy of our Anti-Harassment policy and EEO Policy in new hire orientation information?
All employers and federal contractors are required to post a notice that describes the Federal laws prohibiting discrimination. This notice, “EEO is the Law” must be placed in a conspicuous location where notices to applicants and employees are typically posted. In addition, employers with federal contracts are also required to include an Equal Opportunity policy statement in its Affirmative Action Program and post this on company bulletin boards. Employers must ensure that this statement is provided in a form that...
A former colleague said she heard NYS or NYC will be passing a law effect in 2020 that we may not ask salary expectations. Has anyone else heard of this? I am having trouble finding any information on this.
Many states are passing laws that restrict employer inquiry into salary history to prevent pay discrimination. The prohibition against inquiring into desired salary or salary expectations would be something new and at this time I have not found any laws regarding this in NYS or NYC. As best practice, employers might want to consider publishing their salary range on their job postings to notify applicants right away of what the starting salaries are.
Hello,
If we have a contract arrangement with a staffing agency that states we can hire a temp staffer for free after 6 months, do we have to post that position if no one else will be considered for it?
From OFCCP's perspective, there must be a way to satisfy the mandatory listing requirement. Any position lasting more than three days must be posted with the ESDS. If the staffing agency is posting their positions with the ESDS (and providing you with the applicant data for your annual adverse impact analysis on hires), and hiring the temporary employee on your behalf, then the subsequent move to a permanent position is an internal promotion. Otherwise, it will be up to the...
Are job openings required for incumbent capture positions?
It is OK for a federal contractor to promote internal candidates without posting a position internally. This would be considered a noncompetitive promotion. The annual analysis of promotions will provide insights as to whether the noncompetitive promotions are resulting in adverse impact against a protected group.
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