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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.

OFCCP Certification 2023 – Plan Start Date

Asked By Anonymous on Sep 05, 2023

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).

Answered on Sep 06, 2023

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

The start date is the beginning date of your current AAP. If June 1st is your plan start date and you are certifying prior to June 1, 2023, for example, then the start date would be June 1, 2022 with the ending date being May 31, 2023.

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1 Answer

Multiple Questions

Asked By Anonymous on Sep 05, 2023

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.

Any answer not posted yet.

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0 Answer

Self Identity

Asked By Anonymous on Sep 05, 2023

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

Any answer not posted yet.

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0 Answer

Pay Transparency Posting for a Remote Workplace

Asked By Anonymous on Sep 05, 2023

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.

Any answer not posted yet.

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0 Answer

Hiring billboards and EEO statement

Asked By Lisa Gordon on Sep 05, 2023

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

Any answer not posted yet.

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0 Answer

EEO Taglines

Asked By Anonymous on Aug 31, 2023

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?

Answered on Sep 06, 2023

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

You are allowed to either use the abbreviated version (e.g., EOE/veterans/disabled) or the long version which contains all of the classifications covered under EO 11246, VEVRAA and Section 503 of the Rehabilitation Act. If you at times use the abbreviated version instead of the long version, you are still in compliance.

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1 Answer

Minimum/Required Job Qualifications Question

Asked By Anonymous on Aug 24, 2023

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!

Any answer not posted yet.

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0 Answer

Requirement for posting a contingent job

Asked By Anonymous on Jan 18, 2023

Hi Team –

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

Thank you,
Amy

Answered on Jan 23, 2023

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

Hi Amy, thank you for your question. The answer depends on whether or not this is your company's very first federal contract or subcontract. If you don't have any existing federal contracts or subcontracts and this will be the first one if awarded, then at this current point in time, you are not yet a federal contractor, and therefore not bound by any of the obligations that attach to a federal contract. These obligations become effective only when you enter...

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1 Answer

Level Changes – Recruiting Process and Practices

Asked By Anonymous on Dec 20, 2022

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.

Any answer not posted yet.

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0 Answer

Workforce Development with 130 Employees

Asked By Anonymous on Dec 19, 2022

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?

Any answer not posted yet.

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0 Answer

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

Angel Fischer

Angel Fischer

Bill Osterndorf

Principal Consultant, DCI Consulting Group, Inc

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.

Roselle Rogers

Vice President, Diversity, Equity, and Inclusion, Circa

Stephanie Stahr

Senior HR Consultant, Berkshire Associates

William E. Doyle, Jr., Esq.

Former Deputy Director, OFCCP Partner, McGuireWoods LLP

Zoe Ann Whitley

Manager, Consulting Services, Affirmity

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