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OFCCP: Ask the Experts
OFCCP Ask the Experts
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
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 expecting a contract that will have task orders issued in different regions across the US (Virginia, Ohio, Texas, Colorado, Maryland, Washington DC and Illinois) and we would like to build a pipeline of candidates for the possible positions coming in the future, all position listed as contingent. We have presence in all these states. There are a total of 40 possible openings the majority of them with Secret Clearance as requirement. Are we able to post one job per job title and state that we are accepting applications and that the work could be in multiple states (listing out the states) or do we need to do an opening per job per location? Thanks for your help.
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Aug 17, 2018
There is no requirement to have jobs listed by location. A company can certainly be within OFCCP regulations if it posts a job which states that the work could be located in multiple states (and any other requirements, such as clearance level, for the job). The only tricky part might be if your company has more than one AAP. You would just want to make sure that the applicants and hires align with the appropriate AAP (as well as the EEO-1 and VETS 4212). It is also within regulations if the job ends up going away and there is no hire, but "pipelines" can be difficult to do well, so I recommend that you ensure that practice does not impact your pool or analysis of that pool.
2 Week Posting Requirement
Asked by Anonymous - Aug 09, 2018
I've found it before but having trouble on the OFCCP site finding the REG that shows the requirement to post jobs for a minimum of two weeks. Can some send me the link to that verbiage?
Answered by David Cohen from DCI Consulting - Aug 09, 2018
Here is a link to the regulation that requires the job listing but there is no requirement to list the job for two weeks. 60-300.5 Equal Opportunity Clause - https://www.ecfr.gov/cgi-bin/text-idx?SID=afb08cd93b5e878cec05dec64d64486c&mc=true&node=pt41.1.60_6300&rgn=div5#se41.1.60_6300_184
Using Disposition Code "Not Selected: Experience Overly Extensive"
Asked by Donna R. - Aug 02, 2018
In other words, the candidate is "over" qualified. This would be the perfect code for our needs, but is it advisable to use? I saw this as an example from another company, but thought it sounded discriminatory? Please advise. Thank you.
The use of disposition codes help you document the reason why an applicant fell out of consideration for the position. They should help you justify your selection decision if you have to defend it. Employers need to be careful about using disposition codes that may disproportionately exclude certain individuals. You are much better off using strategic disposition codes that better identify why a candidate is not qualified, or why a candidate is less qualified than the individual you selected, such as “experience not directly related,” “experience not most recent,” or “not as qualified due to type of experience or type of employer.” Ellen Shong-Bergman has written an extensive two-part article on disposition codes in the May and June editions of The OFCCP Digest, where she offered many helpful and strategic disposition codes that employers can use in a variety of situations. Similar questions on disposition codes have been answered in this forum before and I would encourage you to read those answers as well. You can find them by using the search field at the top of this forum and enter “disposition codes”.
Resume Database Search / Internet Applicant Rule
Asked by Anonymous - Jul 31, 2018
As federal contractors, are we required to disposition the candidates we review in a resume database?
OFCCP’s Internet Applicant Recordkeeping Rule requires federal contractors to save certain records when they conduct resume database searches, whether it is an internal or external database.
When searching within your applicant tracking system or internal resume database, the records you need to keep are as follows:
• A record of each resume added to the database • A record of the date each resume was added to the database • A record of the position for which each search of the database was made • The date of the search for each search conducted • The substantive search criteria for each search conducted – such as experience, degree, location, industry, and any key words used
When searching an external resume database, the records you need to keep are:
• A record of the position for which each search of the database was made • The date of the search for each search conducted • The substantive search criteria for each search conducted – such as experience, degree, location, industry, and key words used • The resumes of job seekers who met the basic qualifications for the particular position who you considered for the position. You are not required to maintain the resumes of individuals if you did not consider them for the position. You are also not required to maintain a record of searches that do not produce candidates that meet the basic qualifications.
It would also be beneficial for you to document any data management techniques you used. For example, your company may have a policy of only reviewing the first 50 resumes.
When you are selecting from within the applicants who have applied to the position, you are required to keep a record of any tests, test results, and interview notes. While there is no OFCCP requirement for contractors to use disposition codes, it is in the contractor’s best interest to use strategic disposition codes that record all of the following:
• The stage in the selection process when the candidate was removed from consideration for the position • The reason for removing the candidate from consideration • The person who made the decision to remove the candidate from consideration
When using agencies for temporary roles, what are our requirements in terms for the contract with the agency (what language should we have listed in the contract)? What are the things we need to ensure they are doing/documenting?
If your company is a prime federal contractor, you are required under the regulations (§60-1.4 Equal Opportunity Clause) to include in all of your subcontracts and purchase orders, unless exempted, the provisions stated in paragraphs (1) through (8) such that these will also be binding upon your subcontracts and vendors. These provisions cover non-discrimination, affirmative action, including an EEO tagline in all solicitations for advertisement, recordkeeping, as well as reporting.
The regulations also specifically address the use of staffing or employment agencies under §60-3.10.
A similar question has been answered in this forum by Bill Osterndorf and Lisa Kaiser before. I would encourage you to check out their responses as well. You can do a quick search for the related question by entering “temp agency” in the keywords search field at the top of this page.
Asked by Michelle H. - Jul 24, 2018
We are looking at setting up a pre-screen questionnaire for our Machine Operators as part of the pre-interview selection process. Does the AA information need to be gathered at this level or only when a formal application is submitted?
Answered by David Cohen from DCI Consulting - Jul 24, 2018
Hi Michelle, Under the Internet Applicant regulation you would need to collect race/ethnicity and sex data from those individuals that were provided the pre-screen questionnaire as it would most likely be considered a test. If your pre-screen questions only assess if the individual possesses the basic qualifications you would not need to collect race/ethnicity and sex data as those individuals that do not meet the basic qualifications would not be considered applicants.
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