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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.

Accessibility

Asked By Anonymous on Apr 11, 2022

Our marketing team is receiving more questions around digital accessibility. Do you have any consultants or recommendations on a company we could use to provide training?

Answered on Apr 13, 2022

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

There are many organizations that not provide a review of websites for accessibility as well as perform remediation. The Job Accommodation Network and EARN have information regarding website accessibility. Organizations such as Hire Potential, The Sierra Group, and Audio Eye are just a few organizations who perform this type of service and employ individuals with disabilities to assist in conducting the accessibility review. Biddle Consulting Group performs training on accommodations, compliance with ADA/Section 503, and inclusive practices for individuals with...

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EEO-1 Location for Remote Workers

Asked By Anonymous on Apr 11, 2022

For EEO-1 reporting, we have typically included remote employees in their manager’s location. However, with more employees now working remotely, we are unclear on how this “roll-up” should be performed. For example, if an entire department’s hierarchy works from home, is it reasonable to simply include all of them in headquarters?

Answered on Apr 13, 2022

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

Remote employees would roll up to the location of their reporting manager. If the reporting manager is report, you can follow the line of reporting up to the next tier until it reaches a physical work location in which the remote employees can be rolled into. For many organizations with a remote managers, this would mean that they would roll up to the headquarters location.

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Recruiter Notes in ATS

Asked By Anonymous on Apr 11, 2022

Are we required to have recruiters enter their pre-screen/interview notes in the ATS or is this just considered a best practice?

Answered on Apr 13, 2022

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

The regulations under EO 11246 do not indicate that pre-screening/interview notes need to be maintained within the ATS. However, the OFCCP does expect contractors to maintain interview notes in some format for the required record retention period which is typically two years depending on the size of the company and amount of the federal contract. The OFCCP has posted FAQs regarding the internet applicant at the following site: https://www.dol.gov/agencies/ofccp/faqs/internet-applicants

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Construction Indefinite-Quantity Contract

Asked By Anonymous on Apr 07, 2022

We were awarded an Indefinite-quantity contract with a total value of $0.00 for ongoing renovations for a US Mint location. As part of this IDIQ contract, we were just awarded a task order over $50,000. Does this qualify as a federal contract under the OFCCP (EO 11246 and 503)?

Answered on Apr 13, 2022

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

From the information you offered, it does appear that the contract would be covered under EO 11246. This is what the OFCCP has posted on their website: Executive Order 11246 applies to federal construction contractors that meet one or more of the following contract thresholds: A direct federal construction contract or subcontract of over $10,000. A federally assisted construction contract or subcontract of over $10,000. Two or more federal construction contracts or subcontracts of less than $10,000 that, when added...

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Subcontractor Agreement Verbiage Required

Asked By Anonymous on Apr 06, 2022

Hello,

This question is in regards to what verbiage needs to be included in subcontractor agreements regarding the EEO clause to stay compliant. Is it a requirement to include the following verbiage in all subcontractor agreements in bold text?

“This contractor and subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, national origin, and for inquiring about, discussing or disclosing compensation. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.”

Answered on Apr 13, 2022

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

The EO clause under EO 11246, VEVRAA, and Section 503 of the Rehabilitation Act does need to be part of purchase orders and contracts and listed in bold. The EO 11246 reference is required if the subcontract totals over $10,000. The Section 503 clause needs to be included if the subcontract totals over $15,000. The VEVRAA clause needs to be included if the subcontract totals $150,000 or more.

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1 Answer

Going from Private to Public

Asked By Anonymous on Mar 15, 2022

Hi there,

When an organization goes from the private to the public sector, what are their new AAP or EEO obligations? Should they be looking at being OFCCP compliant now?

Thank you,
Maria

Answered on Apr 13, 2022

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

Publicly traded companies are under the same obligations as private companies with respect to AAP requirements. If they have a federal contract or subcontract over $10,000, they have certain obligations under EO 11246. At over $15,000, there are obligations under Section 503 of the Rehabilitation Act. At $150,000, there are obligations under VEVRAA. If the company has 50 or more employees and $50,000 or more in contracts, they must also prepare an AAP under EO 11246 and Section 503 of...

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We receive grant funding. Are we a federal contractor for the purposes of OFCCP’s website registration and AAP compliance?

Asked By Anonymous on Feb 25, 2022

Just looking for a professional opinion… I have found a legal opinion on the Dept. of Labor website (specifically referring to Pell Grants) addressing whether or not grant funding is considered a federal contract for the purposes of OFCCP/AAP compliance. The funds we have primarily received in the past are WIOA funds and other job-related grant funds. Last year, though, we received a substantial grant through ARPA. We received the email from OFCCP regarding the registration on the Contractor Portal/AAP compliance. I believe that this email was sent out generically to all recipients of federal funds regardless of purpose. In the opinion letter issued in May 2019 the term contractor does not extend to arrangements in which the primary purpose is extending help or support by conferring grants or other benefits under Federal assistance programs. Can you confirm or deny my thought process that we do not have to comply with the registration or the AAP compliance. I believe, also, that, due to the fact that we are well under the 50 employee count, this also exempts us from compliance. Thank you for your time.

Answered on Feb 26, 2022

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

An employer with fewer than 50 employees is not required to prepare AAPs. You should not register in the OFCCP's Contractor Portal.

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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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