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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.

Service Animals

Asked By Anonymous on Aug 16, 2022

Might you have any information on rules and regulations with hiring folks with service animals versus emotional animals?

Answered on Aug 16, 2022

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

Under the Americans with Disabilities Act (ADA) as well as Section 503 of the Rehabilitation Act, covered employers are required to provide reasonable accommodation to qualified applicants and employees unless doing so would produce undue hardship to the organization. Keep in mind that there is a difference between a service animal (a dog, or miniature horse, specially trained to assist someone with a physical or mental disability) and an emotional support animal. An emotional support animal does not need to...

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Applicant Reporting

Asked By Anonymous on Aug 15, 2022

Some ATS’ ( iCIMS and Taleo) now offer a feature where a candidate can upload the resume for a specific position and then if the company is interested at that time they forward an application to the candidate. This feature only allows applications to be completed by candidates of interest. Is it allowable by OFCCP to only account for candidates that complete an application vs candidates that express an interest in a position by uploading their resume?

Answered on Aug 18, 2022

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

It looks like there are three groups in the expression-of-interest camp: 1) Applicants that submit resume and identify a specific job. 2) Applicants who receive an application back from employer. 3) Applicants who formally apply to a position. The key here is to have an established hiring process and have that documented in writing and applied consistently. Granted that you have that in place, two components of the Internet Applicant rule are noteworthy. Both Sections 3 and 5 provide some...

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File of Self-ID Forms

Asked By Anonymous on Jun 23, 2022

Can the Self-Identification forms for Protected Veterans and the Self-Identification forms for Disability all be filed together? I keep a notebook on each form by alphabetical order. But would like to make it one book for all. The all expire at same time. Can I do that? It would be nice to file new hires or terms into one book rather than 3 separate ones. They are not kept with the Personnel files.

Answered on Jun 27, 2022

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

The regulations under VEVRAA and Section 503 of the Rehabilitation Act do not state anything specific regarding where to house self-identification forms. However, any forms that would contain medical information typically is stored in file cabinet under lock and key. Both of these forms can be stored together but should be kept apart from the regular employee file and in a place that is secure and only accessible to persons needing this information for the preparation of required reporting (e.g....

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Do jobs listed in the Virgin Islands need to be posted on state job boards?

Asked By Anonymous on Jun 10, 2022

I realize the US Virgin Islands are US territories… do they fall under VEVRAA?

Answered on Jun 10, 2022

Alissa Horvitz, Esq. - Member Attorney, Roffman Horvitz, PLC

The answer is "no," and the citation is 41 CFR Section 60-300-5(a)(5). “The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filled outside of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, Wake Island, and the Trust Territories of the Pacific Islands.”

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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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