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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.

Job posting

Asked By Anonymous on May 20, 2015

If I have a job posted but then change the requirements (lower requirements) do I need to close that job down and reopen it with the new requirements or do I just update the posting and republish?

Answered on May 20, 2015

Bill Osterndorf - President and Founder, HR Analytical Services

There are no specific requirements for job advertisements connected to financial institutions.

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1 Answer

Applying to a posting

Asked By Becky H. on May 19, 2015

We have people show interest in our company and want to just get us their resume. Is there a way for them to submit their resume on line via MN Job Network so we have the information, but they aren’t applying for a specific position?

Answered on May 19, 2015

Jacquelyn Peterson - LocalJobNetwork.com

We understand what you are asking. There is not a way for an individual to submit interest into a company without applying to a job. The other idea would be to suggest that the individual post his/her resume in the MinnesotaJobNetwork.com resume database and then you can access it from there. Something to keep in mind, federal contractors must also save records when they search a resume database whether it is an internal or external database. For an external resume...

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1 Answer

EEO Tag Line

Asked By Anonymous on May 13, 2015

Do you have any suggestions or samples of acceptable tag lines for EEO/Affirmative Action compliant companies?

Answered on May 14, 2015

Bill Osterndorf - President and Founder, HR Analytical Services

The paragraph you cite above is the paragraph that is required for contracts and purchase orders under the revised veteran and disability regulations. When we talk about "tag lines", usually we're referring to the line that goes on a job advertisement that indicates the company is an equal opportunity employer. The paragraph you note should not be used on a job advertisement.

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1 Answer

Applicant Tracking System-Recordkeeping

Asked By Gina C. on May 07, 2015

I like to know if we need to provide a note that supports in detail why we’ve chosen our disposition code as not qualified based on “X” within our applicant tracking system. We are currently providing a detailed note explaining the reason for the disposition code attached to each applicant’s online profile. Is it necessary to do for compliance purposes? We recognize that phone screen and interview notes, along with offer rejections/rescinding notes are a must. My question is if we haven’t spoken directly with the applicant and are just reviewing their online application and resume, would we have to provide a detailed note for each applicant or could we simply put in the Requisition Note, that the hiring manager is looking for “X” and we would then be able to justify our reason for not considering that applicant based on that explanation. In sum, are we alright with not including any detailed notes in each applicant’s profile, for those that we haven’t communicated directly with. Please e-mail your response to gcozzone@firstambank.com. Thank you, Gina

Answered on May 08, 2015

Jacquelyn Peterson - LocalJobNetwork.com

Disposition codes are critical in a compliance review because they help define which job seekers should be in the data that federal contractors provide to OFCCP. Disposition codes vary by employer and types of position, so you may have to create specific codes based on the uniqueness of the job, and disposition codes are created on objective information. For example, “did not meet basic qualification – education” because the job may require a Bachelor’s degree, but the job seeker has...

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1 Answer

Non-ESDS Job Postings

Asked By Gina C. on May 07, 2015

I like to know if we are required as a Federal Contractor to retain copies of our non-ESDS job postings (I.e. Careerbuilder, Dice, etc.) according to the final regulations. I’ve tried looking into this, but have been unsuccessful in my search process with respects to us having to retain job postings whether it be a screen shot or as an archived job posting. If you could please provide guidance on this one, it would be much appreciated. Again, I’m only referring to those non-ESDS job postings, since I am aware of our obligations as it pertains to those. Please e-mail me at gcozzone@firstambank.com. Thank you, Gina

Answered on May 11, 2015

Bill Osterndorf - President and Founder, HR Analytical Services

Hi again Gina. You should keep copies of (or at least have access to) any materials used in the recruiting and selection process. Thus, if you post to Careerbuilder and Dice, you should keep a copy of what was posted to these sites. If the same thing was posted to multiple sites, you probably only need to keep one copy of the content of the posting so long as you have a mechanism to show what information was submitted and...

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1 Answer

Hiring Contractors Full-Time

Asked By Dawn R. on May 06, 2015

When we have contractors working for us and we want to bring them on full time, how do we handle that with regards to recruiting? Do we need to open reqs, etc?

Thank you!

Answered on May 11, 2015

Bill Osterndorf - President and Founder, HR Analytical Services

Hi Dawn. This is complex question that can't be answered in a simple way in a forum like this. I'll provide several thoughts here, and then you may contact me directly at wosterndorf@hranalytical.com if you'd like to discuss this further. When you intend to convert contractors, and you are entirely certain that no other candidates will be considered, this is the wrong time to conduct additional recruitment. You risk the possibility of having other candidates in an applicant pool along...

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1 Answer

Survey for protected veteran status

Asked By Anonymous on May 06, 2015

Can I add another option of “I prefer to not answer” on the survey for protected veteran status?

Answered on May 06, 2015

Jacquelyn Peterson - LocalJobNetwork.com

Including "I prefer to not answer" as an additional option is acceptable and likely helpful because it may increase the number of survey responses the employer collects on the survey for protected veteran status.

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1 Answer

Definition of Internet Applicant

Asked By Anonymous on Apr 29, 2015

I attended a recent webinar where you discussed submitting race, ethnicity, and gender data to OFCCP on Internet applicants. Can you define what that means?

Answered on Apr 29, 2015

Jacquelyn Peterson - LocalJobNetwork.com

Under Executive Order 11246, contractors must solicit demographic information on Internet Applicants, which is defined as: 1. Individual submits expression of interest through Internet or related electronic data technologies; 2. Contractor considers individual for employment in a particular position; 3. Individual’s expression of interest indicates basic qualifications for position; and 4. Individual does not remove him/herself from consideration prior to the job offer The rule does not define the term "Internet or related electronic data technologies" because technology is constantly...

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1 Answer

Effective date of disability form

Asked By Anonymous on Apr 28, 2015

When did the OFCCP disability form become effective?

Answered on Apr 28, 2015

Jacquelyn Peterson - LocalJobNetwork.com

The disability form was part of the Subpart C requirements in the revised Section 503 regulations. The deadline for all new requirements in Subpart C was the date on which the contractor’s pre-March 24, 2014 Affirmative Action Plan (AAP) expires. For example, a January 1, 2014 AAP date means the deadline to comply with the Subpart C requirements was January 1, 2015.

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1 Answer

Surveying for disability and veteran status

Asked By Anonymous on Apr 28, 2015

Can I survey for disability and veteran status when the candidate comes in for an interview?

Answered on Apr 28, 2015

Jacquelyn Peterson - LocalJobNetwork.com

The revised regulations state that federal contractors and subcontractors need to survey for veteran status and disability status at the pre-offer and post-offer stages. Thus, attempting to collect this data during an in-person interview isn't the appropriate time. Consider asking the information at the same time you survey for race and gender and on the first day the new hire appears for work but before the new hire begins performing his/her duties of the job.

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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

President and Founder, HR Analytical Services

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

Lisa Kaiser, Esq.

Managing Partner, 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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