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.
With the release of this year’s CSAL (Corporate Scheduling Announcement List), I have noticed that the different types of reviews seem to overlap. What are the differences between CMCE Reviews, Compliance Checks and Establishment Reviews?
An Establishment Review is equivalent to an audit. It would cover compliance with all laws and regulations (E.O. 11246, Section 503, and VEVRAA)enforced by the OFCCP. CMCEs are similar to an Establishment Review in that they cover the full scope of a contractor’s compliance as stated above, but at the corporate level. Section 503 Focused Reviews cover only those obligations in one area, i.e., Section 503 of the Rehabilitation Act of 1973. However, if other violations are found, the agency...
Would anyone be open to discussing/sharing a diversity recruiting strategy with me for mid level and senior level hiring?
The OFCCP typically is expecting a government contractor to tailor its diversity recruiting strategy to the specific types of mid-level and senior-level hiring that you do in your industry. For example, assuming that these positions in your organization require an advanced degree, developing a strategy that includes tapping into graduate degree programs at Historically Black Colleges and Universities might be helpful. Other resources you could consider are associations or affinity groups such as the Society of Women Engineers, the Council...
We are a small sub-contractor (9 employees) in the Intelligence Community. How far does the OFCCP go to enforcing compliance, if at all, for a company of this size?
All companies (within the U.S.) that contract with the federal government that have contracts or subcontracts in excess of $10,000 are subject to the requirements of Section 503 and the Executive Order. While an AAP is not required for a company with under 50 employees, other obligations still apply (see language below from the OFCCP's website). I would recommend that your company implement compliant record keeping procedures. The Executive Order prohibits federal contractors and federally–assisted construction contractors and subcontractors, who...
I know that the requirements for 8a companies differ from the more robust and stringent requirements for non-8a companies for OFCCP compliance and AAPs. How can I get clear guidance to be compliant as an 8a company?
The obligations under E.O. 11246, VEVRAA, and Section 503 apply equally to all federal contractors and subcontractors, unless exempted under 41 C.F.R. §60-1.5. However, they may be other requirements that companies have to comply with if they are in the Small Business Administration’s 8(a) program. I am not aware of separate affirmative action or equal opportunity obligations on top of what the federal regulations require, but the SBA does have certain requirements for eligibility into the program, which the SBA...
Do you have any advice to provide when selecting interview evaluation questions? The hiring manager will be required to answer these questions for all applicants following each interview and ultimately will show how they got to their hiring decision for example:
Did applicant demonstrate required skills for the position: Yes/No
Is the applicant a good fit for the team: Yes/No
Does applicant values/goals align with company values/goals: Yes/No
Move forward: Yes/No
Thank you for posting additional information. From an objective perspective, the only relevant question is the first one. If the applicant does not possess the required skills, then the company should not move forward. If it moves forward with an applicant that does not have the required skills, then those skills are not required for the job and should not be part of the screening process. A "good fit for the team" and "Does applicant values/goals align with company values/goals"...
Could you please link to the form that is most updated for Veterans to self-identify post-offer?
Also, the version of the form we have provides an option for a non-protected veteran to identify. I am receiving information that we should not be identifying those who are veterans but are non-protected. Is this accurate?
Our concern specifically is if we should be asking this question:
I am NOT a protected veteran. (I served in the military but do not fall into any veteran categories listed above)
***categories above are:
Recently separated veteran
Active wartime or campaign badge veteran
Armed forces service medal veteran
Unlike Section 503 which prescribes a specific OMB form for the voluntary survey, the VEVRAA regulation does not prescribe a form. Rather, it provided sample language for the invitation to self-identify, which you can find under Appendix B of the VEVRAA regulations. Contractors are free to use alternative language. While this language includes the option to select “I am NOT a protected veteran,” by including in parentheses “I served in the military but do not fall into any veteran categories...
We recently had a request from a certain minority group to provide the number of employees we employ of a certain ethnic background in certain positions with in our organization.
I understand that we are required to make available for inspection the AAPs for IWDs and Protected Vets for applicants and employees? I don’t see anywhere in the regulations that says it is for the public or to disclose ethnicity of a certain job group?
Can you give us some guidance or best practice?
It is accurate that if you are covered by the affirmative action law for individuals with disabilities, you must make all parts of that AAP except the data components available for review to applicants or employees. It is also accurate that if you are covered by the affirmative action law for protected veterans, you must make all parts of that AAP except the data components available for review to applicants and employees. You are not required to provide copies of...
We are sharing an internal hire link with job seekers requesting to apply for a Driver position which we hire for often, but do not currently have available. As it is not an active opening, it is not posted to our website, the state bank, or sent in our outreach efforts – Rather it is a repository for Driver candidates for future. Is this compliant? Is there a best practice around this type of situation we should be doing instead?
From a purely mandatory job listing compliance standpoint, there is no need to list the job with the ESDS now and this is not an issue as long as the job is listed with the ESDS and outreach is undertaken once the actual vacancy occurs. That being said, there are other considerations as far as how this practice expands your applicant pool, what constitutes an Internet applicant and an expression of interest, the recordkeeping requirements for internal resume database searches,...
Are we required to post our contingent positions with the local ESDS? We often bid on work in states where we do not currently have ESDS accounts or employees currently working. Do we need to post in those states for VEVRAA compliance even though we may not win the work and fill the position?
§60-300.5 Section 2 of the Equal opportunity clause, which sets forth the mandatory job listing obligation for federal contractors states that “The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one where the contract is being performed, but excluding...
In follow up to the Q&A on “Tracking of ‘Pipeline’ Candidates” answered by Ms. Horvitz, I’d like to inquire whether the ‘manual adds’ our team keys in need to be applied to an active opening, or if an internal hire link could be utilized for this purpose. We often have employee referrals and need a way to get them into our ATS. They are not applying for a specific opening, rather being ‘pipelined’ for a potential future opening. If there is anything else we are not considering, please do let us know.
The OFCCP's record keeping regulations allow you to maintain a database for internal use. To get the referrals into the system using an internal hire link is permissible. OFCCP's regulations (41 CFR Section 60-1.12) tell you that for purposes of record-keeping with respect to internal resume databases, the contractor must maintain a record of each resume added to the database, a record of the date each resume was added to the database, the position for which each search of the...