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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.
I found a somewhat related question on this, but want to ensure I understand. If a job is cancelled, and there are applicants who have already been interviewed/dispositioned (considered for the job) should we change their disposition to job cancelled even if they were considered at one point? Or, should we include all who have been considered in our analysis and only change the disposition to "job cancelled" for the applicants who applied after the date the job was cancelled (since they were never considered)?
When we conduct adverse impact analyses, we are comparing the number of people hired to the number of people who applied for the position. If a position is cancelled, there is no hire. If there is no hire, there are no applicants. Thus, the disposition should be changed to "job cancelled" for all people who applied to that position, whether they were considered for it or not.
Training Requirements for AAP
Asked by Anonymous - Mar 19, 2019
Does OFCCP have training requirements for the Females & Minorities AAP?
-Who needs to be trained - employees, supervisors, hiring managers, executives, recruiters? -What topics should be covered? -Is there a frequency requirement for employees to take training?
Hello, We are planning to bring onboard (covert a current contractor) to a Mechanical Engineer that will be located in Hawthore CA, working on our company's behalf on a customer site.
Our company is headquartered in NJ. The new hire currently resided in NJ. This new employee to be placed on CA site will spend the majority of his time in CA. Will fly to NJ once a month for no more than 5 days.
My questions: Based on this work schedule and location, will the new hire be considered a CA employee? What do we need to do as a Company to ensure we maintain compliant hiring processes? He will get per-diem and accommodation reimbursement when visiting NJ, correct?
Occasionally we will have employees respond 'Yes' to the Disability Self-ID form and then further specify their condition by either writing it on the form or by circling one already listed on the form. Due to the sensitive nature of medical information, we prefer that the specific condition not be included on this form.
Is it the employee's right to provide specific information on this form or may we ask the employee to submit a revised response form? If they refuse, can we white-out the specifics?
In our Plan, we count internal hires as promotions or transfers, not as new hires. When I hire an internal candidate for one of our requisitions, should I delete that requisition out of my applicant flow and all of the other applicants, both internal and external who applied to that req?
The short answer, Anonymous, is that a contractor may not destroy any employment record for so long as it is required to be maintained. To do so is, in itself, a violation of OFCCP regulations. The period of time items such as applicant and related records are required to be maintained varies, but since you are apparently speaking of a current record it would not be prudent to do what you ask. I know that's not very helpful but this is a more complicated question than you may realize.
I am currently finalizing an article for the OFCCP Digest, another valuable source of employer information on this site, that deals specifically with your issue. It will address what you should "call"/how you should "count" internal selections as well as address what I think might be another concern...whether a contractor MUST or even SHOULD post ALL jobs... particularly those for which it may already have identified an employee who it wants or intends to select, or one who is "in line" for the job.
I believe my article will be in the next issue of the Digest -- due out next week. If publication is delayed, I'll come back to your question and provide as much more information as I can in the space available. In the meantime, please don't delete the requisition or any other applicants from your "applicant flow" or any other data. There IS a better practice, I promise!
Mandatory Job Listings with an ESDS
Asked by Anonymous - Mar 06, 2019
We are a construction company that utilizes temporary agencies to help staff our manufacturing plants. Are the temp agencies we use expected to also follow the same posting requirements as we are as a Federal Contractor? I was referring back to the presentation that LJN put on last summer on Outreach Targeting Veterans, Individuals with Disabilities, and More, and trying to decide what role they play into all of this, and how much of the requirements the temp agencies have to follow. I know they already post to the State job boards, but not sure if there is more they need to do. Thanks!
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