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.
We are considering use of an external resume database for some of our positions. Job seekers would then be invited to apply to the position through our website.
If a search returns 30 job seekers (which are all considered by assessment of their resume and all meet the basic qualifications of the job), I understand that all of those resumes must be retained. However, are we required to also invite all 30 job seekers to apply? Or may we be selective in who receives an invitation? Could we also choose to not invite any of them?
You are not required to invite any of them to apply, and you may restrict your invitations to a select few. You should, however, retain the search criteria used and the date of the search, in addition to the resumes resulting from the search. Please also note that you would still be required to follow standard posting requirements for the positions.
I sent out our vendor letters in compliance with OFCCP to all our subcontractors, suppliers and vendors. I got a call back from a Canadian supplier who says it does not apply to them because although he is a US government contractor, there is no AA requirement in Canada. I got a response back from another Canadian supplier with answers to the questions. Should I be sending the letter to suppliers outside of the US? Do they need to comply with the items outlined?
The compliance requirements enforced by OFCCP apply only to companies, vendors, suppliers, etc in the U.S.
Hello,
When employees decline to identify as a gender, must a visual be made in order to report these employees for EEO-1 and AAP purposes?
No. The regulations at 41 CFR 60-1.12(c) states "where possible" the contractor must be able to identify gender (see below). Additionally, OFCCP Directive 283 says a contractor "may" use visual observation for race, but it is not required (see below): 41 CFR 60-1.12 (c) Contractor identification of record. (1) For any record the contractor maintains pursuant to this section, the contractor must be able to identify: (i) The gender, race, and ethnicity of each employee; and (ii) Where possible, the...
Hello –
Currently, our system provides the post-offer self-id forms to new hires via our electronic onboarding system. However, if we hire an internal employee to fill an open position, they do not go through this onboarding system because they are already active in our HRIS. So, internal hires are not being given post-offer self-id forms to complete. Is it a requirement that we ask internal employees to complete paper self-id forms if hired into a new requisition/position?
Thank you,
Heather
Excellent question, Heather. There is no requirement to make an additional inquiry at the time a current employee is selected for a new position. This assumes, however, that the other requirements of 41 CFR 60-741.42 and 41 CFR 60-300.42 are being followed. Specifically, we solicit self-ID info pre-offer, post-offer, every five years, and once between the five year intervals. OFCCP has a form that is required for disability self-ID and a compliant sample form for Veteran self-ID on their website.
I’m trying to find guidance on how to determine if we have multiple establishments for our Affirmative Action Program. I’ve read that any location with 50 or more employees needs its own program, but I’ve also read that if the locations are in the same labor market or recruiting area that they can be included in the same plan.
Are there any rules that define how a labor market is determined for a location? For example, I assume that if we have multiple physical locations in the same city then it would be appropriate to combine those locations in the same AAP. If we have over 50 employees in both Buffalo, NY and New York, NY could they be considered in the same labor market of New York state, or do we need to go by the metro-areas?
In regard to having separate AAPs, the fundamental rules are found in the Code of Federal Regulations (CFR) at 41 CFR 60-2. Those regulations state as follows: "(d) Who is included in affirmative action programs. Contractors subject to the affirmative action program requirements must develop and maintain a written affirmative action program for each of their establishments. Each employee in the contractor’s workforce must be included in an affirmative action program. Each employee must be included in the affirmative action...
Can you let me know if the following question is acceptable on an application??
Do you currently or will you in the future require any type of Visa sponsorship or transfer to work in the country for which you are applying?
It is not clear whether this is a domestic-only application. This answer is only for Visa sponsorship in the US. As far as I am aware, the U.S. Department of Justice's 2013 technical assistance letter is still good. https://www.justice.gov/sites/default/files/crt/legacy/2013/09/11/171.pdf "OSC prefers the question proposed in the 1998 technical assistance letter: 'Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?'" The technical assistance letter continues: "If an employer chooses not to employ persons...
If a requisition has been canceled, do the applicants who have applied need to be dispositioned?
Yes. But the job is easy, as they should all be dispositioned as "Requisition cancelled." This may seem totally obvious, but some companies leave candidates in cancelled requisitions with a disposition of "reviewed" or "applied" or something else that suggests they may have been considered or that a selection that occurred. "Requisition cancelled" makes it clear what happened.
Based on a webinar I sat through on OFCCP compliance, it is my understanding that if a company is using any third party recruiters we need to communicate this information to the state job boards. Is this correct? If so, is it only if we are regularly using third party recruiters? Some companies cover a majority of their recruiting in house but occasionally use outside recruiters and I was wondering if this applied. Thank you!
Yes. All jobs that meet the criteria outlined in Sec. 60-4.3 Equal opportunity clauses (all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less) need to be posted with the State Employment Service. That includes any jobs that are filled by referrals from a third party recruiter.
Hello, I like to know if during the 5 year solicitation to your workforce and also for the 2 1/2 year reminder, is the OMB Self-ID Disability Form used to do so or are you able to create simply a electronic method that asks the same information, but not the physical form itself. In other words, our company had created a simple electronic form that asks the employee to select out of the following options: “Yes, I have a disability (or previously had a disability), “No, I don’t have a disability”, or “I don’t wish to answer”. They then must include a digital signature as well as confirm that the information is accurate, by indicating “Yes”. The associates were given 2 weeks to complete the survey and believe it might be time stamped. All the information that gets updated in our HRIS without anyone actually physically seeing the information. We don’t mention anything about reasonable accommodation on the e-mail communication or on the electronic form itself. That all said, are we fine with keeping the electronic form with possibly adding the reasonable accommodation language in during the 5 years or do we need to use the actual physical OMB form. Additionally, during the 2 1/2 year reminder, could we use our company created electronic form? Please advise. Thank you.
This is a good question and a popular one. The OFCCP is particular about format with respect to soliciting this information, regardless of the timing of the solicitation. In its FAQs, the OFCCP provides an answer to your question, which reads as follows: “Yes, contractors may create an electronically fillable version of the form used to invite self–identification provided that form meets certain requirements. The e–form must: Display the OMB number and expiration date; Contain the text of the form...
Is there a specific format or method that a contractor must use when sending a reminder to employees about their right to self-identify between the five year period? During October, our organization celebrates National Disability Employment Awareness Month through various sponsored activities. We also publish a notice in our employee newsletter as well as on our Intranet reminding employees about their right to confidentially self-identify their disability status at any point during their employment and provide a contact number. The newsletter goes out to all employees. Is this sufficient for meeting our obligations or do we need to do something in addition to this?
The regulations require that “contractors invite applicants to self–identify as IWDs at both the pre–offer and post–offer phases of the application process, using language prescribed by OFCCP. The regulations also require that contractors invite their employees to self–identify as IWDs every five years, using the prescribed language.” Contractors are required to use the OMB form, but there is no prescribed method that contractors should use to invite employees to self-identify every five years. When choosing the method to use, consider...
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