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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.
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?
I believe the 5 year period is almost up with regard to asking our current employees to complete the post hire Voluntary Self ID of disability form and the VEVRAA Invitation to self ID for protected vets form. And as I understand it, our company needs to invite all current active employees to complete this paperwork again - for the Section 503 that the OFCCP is looking at very closely now with their audits.
My question is: How does this request get communicated? Should it come from our President or owner explaining why the OFCCP looks at this? And is the reason this gets audited is because the government wants to make sure we, as a government contractor, are hiring enough people with disabilities and protected veterans?
Do we also need to have something about Section 503 in our employee handbook?
Must we track candidates sent to us by a 3rd party recruiter who are not qualified?
Asked by Beth C. - Apr 17, 2019
We work with a number of outside recruiters. They will send us resumes of potential candidates for a posted job. If the candidate they send is deemed not qualified (based on some factor like experience, education, lack of license, salary requirements), do we need to include that candidate in our Applicant Tracking System (we currently import any candidate sent from a recruiter into our ATS and then have the candidate formally "apply" if we decide to interview them)? Or, if we are not interested in the candidate from the recruiter, can we just tell the recruiter "no thanks" and not bring that candidate into our ATS?
This question has many layers. You, as the contractor, are responsible for the actions of the outside recruiters. The outside recruiters, standing in for you -- the federal contractor -- are responsible for obtaining demographic (race, gender, disability status and veteran status) for all candidates that they believe meet the minimum qualifications. A best practice is to have the recruiters ask all interested applicants to apply to the ATS, as OFCCP may ultimately have a different determination regarding minimum qualifications.
Pre-Offer EEO Survey
Asked by Anonymous - Apr 09, 2019
Does the pre-offer EEO, Disability, and Veteran Self-ID need to be given every time an applicant applies to a new position?
Or can we ask once when the applicant creates their applicant profile in our ATS, and apply that response to every position they apply for?
Policy of Affirmative Action Letter for Recruitment & Referral Sources Letter
Asked by Anonymous - Apr 08, 2019
Our AAP vendor is requesting that we send the letter below to ALL recruitment and outreach sources. As we are LJN customers, that number is in the thousands. Is this a requirement of OFCCP or a 'best practice'? Thank you!
Dear Outreach and Placement Professional:
This letter is to inform you that Company Name is committed to the principles of equal employment opportunity. As a government contractor bound by Executive Order 11246; the Vietnam Era Veterans Readjustment Assistance Act of 1974; and Section 503 of the Rehabilitation Act of 1973, all as amended, Company Name maintains an affirmative action plan through which it makes good faith efforts to recruit, hire, and advance in employment qualified individuals without regard to sex, gender identity, sexual orientation, race, color, religious creed, national origin, physical or mental disability, protected Veteran status, or any other characteristic protected by applicable law.
Company Name states as its Policy of Affirmative Action the following:
1. It will be the policy of Company Name to recruit, hire, train, and promote persons in all job titles without regard to sex, gender identity, sexual orientation, race, color, religious creed, national origin, physical or mental disability, protected Veteran status, or any other characteristic protected by applicable law.
2. All employment decisions shall be consistent with the principle of equal employment opportunity, and only job related qualifications will be required.
3. All terms and conditions of employment will be administered without regard to an individual’s sex, gender identity, sexual orientation, race, color, religious creed, national origin, physical or mental disability, protected Veteran status, or any other characteristic protected by applicable law.
We would appreciate your assistance in Company Name’s efforts to meet our equal employment and affirmative action goals. [For Recruitment and Referral Sources: Members of our Human Resources Department will contact you when positions are available. We request that you refer to us all qualified candidates, including women, individuals of color, protected Veterans, and individuals with disabilities.]
Sending a letter to recruitment sources is a best practice. There is no explicit requirement in the federal affirmative action regulations to do so. However, OFCCP will often ask during compliance reviews whether recruitment sources have been asked to include minorities, females, veterans, and individuals with disabilities among their referrals. A letter of the kind you've posted above would help to demonstrate that you are meeting this objective.
As an LJN customer, it's true that you have many recruitment sources that are used. If you're concerned about the burden of sending a letter to recruitment sources, then it may be best to send a letter to (a) the recruitment sources that your organization individually contacts about referring candidates and (b) the recruitment sources that produce the most candidates for your open positions.
There IS a requirement that organizations covered by the affirmative action provisions in the regulations for protected veterans and/or individuals with disabilities to send "written notification of company policy related to its affirmative action efforts to all subcontractors, including subcontracting vendors and suppliers, requesting appropriate action on their part." While OFCCP has never defined the particular contents of this notification, it is clear that agency expects some kind of written notification has been sent to "subcontractors." Whether a recruitment source should be considered a subcontractor is an open question. Regardless, there needs to be an effort made to send this notification to vendors that are associated with an organization's federal contracts.
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. The Local JobNetwork™ 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.