OFCCP Certification 2023 – Plan Start Date

I noticed on the Certification page they ask for the start date of the AAP you are certifying. I am confused about what that means exactly and I find the FAQ on that to also be confusing. See FAQ below. Can you please explain?

16. For covered government contractors with a June 1 plan start date, will OFCCP require the 2022 or 2023 AAP to be certified?
Covered federal contractors and subcontractors are required to use the OFCCP Contractor Portal to certify whether they are currently meeting their requirement to develop and maintain annual AAPs. When a contractor selects a response to the certification statement through OFCCP’s Contractor Portal, it is selecting the response that reflects its AAP status as of the date it certifies. For example, if a contractor with a June 1, 2023 AAP start date certifies when the Contractor Portal opens for certification on March 31, 2023, then the contractor would be certifying the 2022 AAP (effective June 1, 2022 through May 31, 2023). If the contractor certifies on or after June 1, 2023, it would be certifying the 2023 AAP (effective June 1, 2023 through May 31, 2024).

Multiple Questions

Hi, we have several questions,

Q1 -When do applicants get moved to archive status? Is it once they have been removed from the process (for any reason), or is it because there has been no activity on their submission after a period of time?

Q2- We have several international positions that are for overseas. How can we post them without choosing a US city location. We feel we are missing large amounts of candidates who may be searching by location. We put in the posting that it is remote and international etc… but again ppl search on keywords. Any guidance you can provide would be appreciated.

Self Identity

How long do employers need to keep the self-identification forms on emplyoyee’s?

Pay Transparency Posting for a Remote Workplace

Hi Team, I had a question that relates to adhering to Pay Transparency laws and how these laws can apply to those that employ a partially remote workforce. All of our employees that either physically work at a client site or go into the office, are located in the DMV area (Washington DC, Maryland, and Virginia where we are based). Since most of our roles are remote eligible, are we required to comply with the pay transparency laws of the most stringent states where we have an active remote employee, or do we only need to make sure we are adhering to those where we have a physical presence or incorporated? We are fully transparent with our current employees and their pay bands, complying with the states where we are located. We are trying to determine if we will also be required to post the relevant salary on remote qualified positions because of Colorado law and a few like it going into effect, even though we may not have a physical presence or even a remote employee located there.

Hiring billboards and EEO statement

If a company is going to use billboard advertising for a “We’re Hiring” ad, is an EEO statement required in the ad copy?

EEO Taglines

When it comes to EEO Taglines, if an employer chooses to do the long version does it preclude them from being able to use the abbreviated version OR can both be used so long as they are compliant? For example, if marketing materials used the abbreviated version but the career site uses the long version – is that allowed?

Minimum/Required Job Qualifications Question

Our organization uses minimum/required job qualifications during the posting process to determine candidates that self-select that they are or are not qualified for the job (i.e. do they meet the required job qualifications or not?). We have two non-exempt positions with the following required qualifications: Level 1 Position – no experience required (must be over the age of 18) and Level 2 Position – 1 year of experience in XYZ required (inserting XYZ, as the actual experience doesn’t matter in this example). However, business unit leaders would like to change the required qualifications for the Level 2 position to be different depending on whether the candidate is internal or external to allow candidates in the level 1 position to progress to the level 2 position faster. The updated level 2 position qualifications would be externally the same (1 year of experience in XYZ) and internally they would be 6+ months of experience in XYZ and the successful completion of a documented progression plan. In other words, they are placing more value on internal experience in the role, allowing candidates to have lessor experience than an external candidate hired into the same role.

I’m curious on how the OFCCP may view differing qualifications for external and internal candidates and what, if any, criticism we might be exposed to if we decide to move forward with this change. Thank you!

Requirement for posting a contingent job

Hi Team –

What requirement does a government contractor need to meet for posting a job that is contingent (awaiting contract award).

Thank you,
Amy

Level Changes – Recruiting Process and Practices

What is the risk of changing the job requirements on a requisition? Is there a risk if we go up a level?

Can you please help me understand the risks of going up a level or down a level? What if we are not planning to post (advertise) the higher-level requisition? Does that impact the risks? Are there examples of Adverse Impact finding at companies based on hiring at a higher level than advertised?

Should we close the initial requisition and start with the higher-level one? Also, should we advertise and post the new higher-level position?

Thank you.

Workforce Development with 130 Employees

We are a Workforce Partnership agency with 130 employees and receive WIOA funds. I am new to the organization. As a point of clarification – we are required to do OFCCP and AAP audits. Correct?