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OFCCP: Ask the Experts
OFCCP Ask the Experts
Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question.
We are considered a federal contractor and thus we need to report on all of our applicant flow. We have found that because we are not mobile apply friendly, we are having drop off once people get to our site. Thus we have been working with services outside of our ATS such as Zip and Indeed. We ask people to apply even in these forums, but most of them just send an email or a resume in email, so tracking applicants becomes ineffective. What are other companies doing to ensure strong applicant flow, but still be able to manage the required reporting?
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jun 06, 2018
This is a very common issue and there is no easy fix. The best place to start is often the internet applicant rule and implementing good data management techniques. This limits the data the company needs to capture. Having a...
1. Is there in OFCCP a minimum duration an open requisition should be posted on a state job board to be OFCCP compliant? The reason this I'm asking this is that our recruiter gets bogged down with applicants from state site job postings and wanted to know what the minimum amount of days a job should be posted on the state job boards, before they can deactivate it to stop the bleeding of candidate influx. (this is being looked at in addition to screening questions revamp, freezing the role on the company site side etc.)
1.2. I believe the minimum amount of days that a job posting has to be on a state job site is 3 days, but I don't know if that is correct or the logic behind it. So that would be helpful to understand.
2. In the state of Florida and Indiana, are there any strict job posting rules for government contractors that require keeping a job positing on the state job sites beyond what OFCCP mandates?
Any assistance with these questions would be greatly appreciated.
The Equal Opportunity Clause of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) states that: “Listing of employment openings with the appropriate employment service delivery system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans.”
This means that a contractor must list or post their jobs with the Employment Service Delivery System (ESDS) as soon as they start recruiting for it, and keep the posting active until it is filled. It does not necessarily specify a...
We have opened a position to fill. The position has been opened for about 90 days. We decided to go outside to a third party firm who ended up filling the position for us. We use our ATS to allow the third party to send us candidates so we can track the hire for metrics purposes. Since the hire was ours, I closed the position and disposition the candidate as not hired because my company was not the one who filled the position. The position will end up being a 6 month to term position. So, in 6 months we will reopen that position and put him in it with a note that he was hired as a 6 month to term conversion and this is now the conversion to make him our employee. I disposition any candidates that come into the system as "other candidates more qualified, better fit". Am I doing this properly or should I show the candidate as a hire even though it's not our direct employee?
I would very much like to have had some additional information in your question, but my goal is to cover several different possible scenarios. And I DO ASSUME for all purposes here that your firm is a government contractor subject to OFCCP laws and regulations. If you are not, I’ve got a short answer below – but do read the long one as well; it matters.
When it comes to the use of a third party (hereinafter TP), the short answer is ALWAYS that the employer who engages a TP to fill a position is liable for the actions of its “agent” when agent is acting on its behalf. Always. Another way to think of this rule is: “One can delegate authority; one cannot delegate responsibility. With respect to compliance with EEO/AA requirements – including...
We're a DOD federal contractor that primarily hires software/systems engineers. We don't typically have "out of the blue," brand new, business needs...we are always looking for either Associate Software/Systems Engineers (more junior) or Software/Systems Engineers (mid-level +), however I believe we could do more to distinguish minimum required qualifications for both categories. For example, it's common that we'll leave the Software/Systems Engineer requisition up on our website year-round to catch any especially strong applicants that come in. We're in the midst of bringing on an applicant tracking system, however the current setup causes some issues as some engineers with 9+ years of experience are hired into the same job requisition as those with 3 years of experience, as an example, with dramatically different salaries which could lead to inequity (we do have a salary band structure). Also when they're hired, they're not hired into their own unique job requisition number. So my questions would be:
How narrow does each job description need to be in terms of minimum required qualifications? Is it acceptable to have open positions on our website that act more like active pipelines to cast a wide net, rather than a specific job description for a specific business need? Would we need to open an individualized job description per each hire, even if it's exactly the same job description as the rest?
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - May 30, 2018
It is best to distinguish these two categories (associate or more senior). Competitors for a particular job should have similar qualifications and the minimum qualifications should be in the job announcement. Applicants and hires with a wide range of experience can lead to problems in an audit. Further, it may not allow for an appropriate annual analysis. In my responses below, for clarity, I refer to the "job announcement" as that which applicants see, versus "job description," which typically is only seen by the employee. Answers to your specific questions follow:
How narrow does each job description need to be in terms of minimum required qualifications? There is no specific requirement...
We want to create a pipeline of candidates for roles that we commonly recruit for but are not yet actual jobs. When the job opens, we have the candidate from the pipeline apply directly to the new job posting, and document our search in the internal pipeline database. (Including date, search criteria, etc.)
Do we need to also document our sourcing when we are ONLY sourcing for the pipeline itself?
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