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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.

Hiring not based on the JD

Asked By Anonymous on Aug 22, 2022

Hello, we have a position posted that the JD states requires 5 years of experience. Our hiring manager has met a candidate that is still in college and has only 1 year of total experience, but has a very strong knowledge background and would like to hire her. Based on the JD requirements can we hire her? And if so what type of documentation would we need for OFCCP guidelines?

Thank you
Pete L

Any answer not posted yet.

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Incentivizing Diversity

Asked By Anonymous on Aug 19, 2022

Can a company pay a higher fee to a recruiting firm for Diverse candidates?

Any answer not posted yet.

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Internal Posting Requirement

Asked By Anonymous on Aug 17, 2022

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.

Answered on Aug 17, 2022

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

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...

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1 Answer

Can different levels of a position be posted on the same requistion?

Asked By Anonymous on Aug 17, 2022

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.

Answered on Aug 17, 2022

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

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...

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1 Answer

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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Pay Transparency on Job Postings

Asked By Anonymous on Aug 04, 2022

I posted a position in Colorado yesterday & did not list the pay rate. This has also generated an internal discussion regarding the bonus & benefits information that is also required. We do include our Incentive Compensation program as part of our total comp package but this program is at the discretion of the Board and not necessarily an automatic annual program. Are there Best practices guidelines for verbiage on required information? Do I need to pull down the Colorado posting for now while we sort this out?

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Employees (Peer) data entering other employee (peers) work time and leave time in the employee timesheet database.

Asked By Anonymous on Jul 21, 2022

Is it appropriate to allow employees within the same department to enter another employee’s work time, leave time, etc., in the timesheet database? I have a concern with employees being privy to other employees’ leave time. This timesheet database also allows employees to run reports on employees’ leave time. Please advise.

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OFCCP Compliance with Interviewing

Asked By Anonymous on Jul 07, 2022

Hello,
We are under the impression that when we interview candidates, OFCCP regulations require that the same panel people be involved with all of the interviews for each candidate. Is this accurate and is there flexibility to this?

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AAP Compliance

Asked By Anonymous on Jun 27, 2022

We have an AAP compliance question and were wondering if you would be able to help answer this.

If the business owners want to employ their minor children for a short period of time to complete a project, how do we do that and remain compliant with our AAP requirements?

Any insight would be appreciated.

 

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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

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

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.

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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