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 recently updated our Applicant Tracking System to require applicants to provide Race/Ethnicity and Gender information. We were wondering if you could share with us what information we are required to be collecting (or asking) from our applicants when they apply to jobs on our corporate website. In addition, when are we supposed to provide collected applicant data and to whom?
Hi Becky, It depends on whether your company is a federal contractor or not. To comply with the laws and regulations enforced by the OFCCP, the company must solicit race, ethnicity, sex, veterans status, and disability status during the application process if the company is a federal contractor or subcontractor. A company cannot require an applicant to provide this data. Annually, the company must submit a VETS 4212 report (https://vets4212.dol.gov/vets4212/) and the EEO-1 report (https://www.eeoc.gov/employers/eeo1survey/index.cfm). VETS 4212: VEVRAA requires Federal...
Spectra Tech, Inc. is a Nuclear, Environmental, and Engineering company and a Department of Energy (DOE) contractor. We have contracts with the various DOE facilities in Oak Ridge, TN. When they have open positions, they send out requests to us as well as many other DOE contractors. I submit qualified candidates resumes to them based on the job description. If they are interested in one of our candidates, I schedule an interview and if selected, proceed with hiring that candidate as a Spectra Tech employee working at their DOE facility site. Only if they hire our candidate do I know the status of filling their position. If they don’t select our candidate, they don’t let us know who was selected from another company. Are we still responsible for tracking/recording the candidates that aren’t hired and dispositioning them?
Hi Janet, I'm not sure exactly from the facts in your questions how things are set up at your company, but I hope this helps. Your company should track information on its selection process for these candidates described above in order to fulfill its federal contracting obligations. What is the pool of candidates the company selects from in order to send an individual to the hiring authority and why were some not selected to be sent? It should be relatively...
We have a situation where we are attempting to hire an old applicant that applied for a position back in January. The job posting is currently inactive and we were wondering what was the best course of action moving forward. Should we disposition the candidate and have him apply to a more recent posting?
Thanks and I look forward to hearing from you!
I would not reactivate the old job posting, Everett, and would disposition this individual as not selected for whatever the reason was for that particular opportunity. I'm not a fan of "sham" postings and they really are a waste of everyone's time, particularly those new/additional job seekers who apply thinking they actually have a shot at the opportunity. However, I know these things happen and IT IS PERFECTLY LEGAL TO RECRUIT/INVITE particular individuals to apply for any posted opportunity. "Best...
We currently have a communications position open and the hiring manager would like to review writing samples of applicants. I know that we can’t score or grade a writing sample without it being validated, as this would be considered a test. However, would it be appropriate to utilize a writing sample as part of the behavioral interview screening. There would be no scoring or right/wrong answer.
1) Have the applicant bring a writing sample with them to the interview.
2) Hiring managers asks questions of candidates as to why they structured the writing the way they did?
*** Why did they choose a specific word choice?
*** How did the audience impact their decisions in how to structure the document?
*** How did they work with internal business leaders to understand important information to include?
Each procedure or step of a hiring process is a "test" in that the applicant must "pass" a certain step in order to move forward in the process. Pursuant to Sec. 60-3.3, (see below) validation is required if the component, in this case reviewing a writing sample, results in adverse impact and there is no nondiscriminatory reason for the impact and there is no reasonable alternative for the component. Validation is not required if there is no adverse impact. In...
During the recruitment process we will sometimes leave open a position until the actual hired candidate starts their 1st day of work.
What is best way to disposition those applicants who applied during the time period “after we made a hire but before that hired candidate actually started work”.
We never look at these applicants. Can we utilize “Applicant Not Considered – Late Hire”?
Hi Jessie, Yes, that disposition is fine. It is especially good that this is a rule followed 100%, so the company will be consistent in its application. As with any disposition, best practice is to ensure that everyone using the disposition understands the definition behind it. In an audit, you should be prepared for a question such as, "If no applicants are considered after the decision is made, then what is the purpose of leaving the position open past that...
My question is in regard to collection of demographic data for OFCCP auditing purposes. Currently, our applicant tracking system allows applicants to “withdraw” their application at any point. This is true even if the applicant has been fully dispositioned and their application is no longer active. For example, if their application status is “Interviewed – Not Hired”, they may withdraw.
That being said, my question is as follows:
“In instances where applicants have been fully dipsoisitioned (a reason was designated for non-selection) and the applicant subsequently withdraws, would their demographic information still need to be part of the OFCCP report?”
My thought is “yes” given that not including their demographic information would improperly skew the analysis. For example, let’s say five applicants were interviewed. One person receives the offer and four receive the “Interviewed – Not Hired” disposition (which of course has it’s own sub-reason codes). If all four of the non-selected applicants withdraw and we omit their information, the analysis may incorrectly show that only one person was ever interviewed.
What are your thoughts?
Thank you, in advance, for the information.
Assuming your company is using the internet applicant rule, the company must collect the data if the applicant receives an offer. (See rule below.) On those that did not receive an offer, unless the applicant withdrew during the selection process, the demographic data should be kept. Therefore, your instincts are correct. By the way, make sure to differentiate between status codes and disposition codes. Status codes identify where the applicant is in the process (e.g., "Interviewed") and dispositions identify why...
Our organization has several companies under it, that all have their own branding, finances, and company FEINs (over 20) . Employees, however, are grouped and paid under single FEINs based on the type of business (one of 7 at the moment).
We have one newer company that had federal contracts and over 50 employees. Would we need to have an AA Plan for the whole organization, or just that company?
The OFCCP uses a questionnaire to determine when a subsidiary company's government contracts implicate the parent or a subsidiary company's government contracts implicate other sister subsidiaries. https://webapps.dol.gov/elaws/ofccp/fcca/assessment.asp This typically requires the employer to gather the facts in response to the questions and then seek a legal opinion about whether the facts support a single entity conclusion. If there is any way for you to take this question out of the public forum and ask it privately, I would encourage you...
Are all jobs required to be posted internally and external via the ESDS or could the job be posted internally first and if not filled……go external?
It is perfectly acceptable to post internally first, and if not filled, to then go externally.
We recently changed HRIS systems to Paycom. Our new onboarding process enables new hires to complete required forms as it relates to OFCCP and EEO compliance. They can electronically complete Vets and Disability required forms and it is then housed in the document section of their electronic file. My question is, for auditing purposes do we need to print out a hard copy of the Vets and Disability form for each person and keep it in a separate file as in the past, or can we simply print it from that person’s document section if it is requested.
Thanks for your help.
OFCCP issued a Frequently Asked Question on this topic. In the FAQs for Section 503 (Rehabilitation), under the topic of Self-Identification, #5, OFCCP gives employers the option to store the electronic record and print it out if requested. There is no requirement to print out a hard copy of each form and store it in hard copy in separate files as was done in the past: FAQ5. What information must a contractor store in order to demonstrate its compliance with...
Our company has a large IDIQ contract where tasks are frequently being awarded. Often times, we are able to negotiate rates on these new task awards based off of current market value. We are currently able to keep the salaries generally similar with a few justifiable exceptions. However, the current job market for certain labor categories is VERY competitive. Companies are paying higher than market value to attract employees. This, of course, creates an issue for us when it comes to retention and negotiation of salaries for new employees. We believe we will be able to obtain an equitable adjustment from the government on our rates but need to be able to attract new talent until that adjustment is granted.
So, my questions are these:
1. How can we justify a higher salary for employees on the new task who have the same labor category, description, education, and experience requirements as those on older tasks until the equitable adjustment comes through?
2. If we are audited during the time we are waiting for the adjustment, will we be found to be non-compliant?
Also, we have been reading the new OFCCP guidelines. How does a company create a PAG if there are less than 20 employees in any one group?
As long as the higher salaries are based on a business necessity and are done in a non-discriminatory manner and/or have an impact on protected groups this would not be a problem under EO11246. Remember that OFCCP is not the "pay police" but tasked to evaluate compensation to ensure that it is administered in a non-discriminatory manner. As for the compensation directive, if you have a very small workforce it may not be possible to put together groups of employees...