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