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.
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  • New Hire Notices
    Asked by Carrie H. - Sep 15, 2016
    Does anyone have a consolidated list (or know where I can find one) of all the various state notices that have to be provided to new hires? I'm struggling to keep up with all the various government agency requirements in each state. Help.
    Answered by Carey Freitag from Local JobNetwork™ - Sep 16, 2016
    The Department of Labor website for each individual state should provide that state’s notice requirements. Unfortunately, I am not aware of a consolidated list that will show the notice requirements for all states.

    A listing of all the state labor offices and their contact information can be viewed here.
    Answered by Debra Milstein Gardner from Workplace Dynamics, LLC - Sep 19, 2016
    You can also go to www.careeronestop.org

  • Accomodation Statement
    Asked by Elizabeth S. - Sep 08, 2016
    We don't list physical demands for each job posted and we were thinking of adding a general reasonable accommodation statement on all job descriptions/positions. What is best practice? Where do companies usually list their reasonable accommodations statement?
    Answered by Roselle Rogers from Local JobNetwork™ - Sep 13, 2016
    Federal contractors are required to state in all solicitations and job advertisements that they are an equal employment opportunity employer of individuals with disabilities. They are also required to invite applicants to self-identify as individuals with disabilities using the Voluntary Self-identification of Disability form, which does include a reasonable accommodation statement on page 2. Although contractors may not alter the content of the OFCCP’s voluntary self-identification form, contractors are encouraged to provide additional reasonable accommodation information with the form, such as the name and contact information of the official(s) responsible for processing requests for reasonable accommodation from applicants with disabilities and information about the contractor’s reasonable accommodation procedures. For additional information, refer to Appendix B of Section 503, which provides examples of “best practices” for contractors in developing reasonable accommodation procedures.

  • Security Clearance Requirement
    Asked by Anonymous - Sep 06, 2016
    Good morning,
    Can we require a candidate to answer whether or not they have an active security clearance if the position requires one? It's my understanding that we can because in order to be considered an Internet Applicant under the OFCCP rules, the applicant needs to indicate that they possess the basic qualifications. If the job requires a security clearance, this would be considered a basic qualification, correct? Thank you in advance!
    Answered by Debra Milstein Gardner from Workplace Dynamics, LLC - Sep 06, 2016
    If the position requires an active security clearance you can definitely ask candidates if they have one and determine them not to be qualified if they do not.

    Debra Milstein Gardner
    Workplace Dynamics LLC

  • Penalties
    Asked by Paige H. - Sep 06, 2016
    Do you know where I can find information on penalties, if any, for not following the rules stated below:

    When searching for candidates on an external resume database, you will need to maintain the following records:

    • 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.

    I've looked on the OFCCP website, but not able to find any documentation. Thank you.
    Answered by Debra Milstein Gardner from Workplace Dynamics, LLC - Sep 06, 2016
    Hi Paige,

    There are no specific penalties for not maintaining that information; however, if it becomes obvious during a compliance review that it has not been maintained then it may lead to a conciliation agreement (CA). If this occurs, you may have to provide the OFCCP with proof that this information has been maintained during a one-to-two period (as identified in the CA). You may also need to submit information on applicants identified from these searches and whether or not they were hired. OFCCP may conduct a disparity analysis on this data and if there is adverse impact, you may have to defend your hiring decisions.

    Debra Milstein Gardner
    Workplace Dynamics LLC

  • Reliable Transportation
    Asked by Anonymous - Sep 01, 2016
    Is a company allowed to put on a job description if a candidate has access to reliable transportation and the ability to lawfully drive self, if applicable?
    Answered by Carey Freitag from Local JobNetwork™ - Sep 02, 2016
    Job Descriptions should include essential functions of the position and if reliable transportation or a valid driver’s license are essential functions then those qualifications could be listed. If a company, however, incorrectly identifies driving as an essential function for a particular position and excludes an individual whose disability makes driving impossible, they may violate the Americans with Disabilities Act (ADA).

    For example, a home health aide that visits patients’ homes would require reliable transportation to visit the home, and therefore that would be considered an essential function. That same position, however, would not necessarily need a valid driver’s license since the reliable transportation could be public transportation.

  • Do you need to create new reqs for job location moves?
    Asked by Mairead O. - Aug 26, 2016
    If an open req. was moved between cities (less then 2 hour drive) same job requirements but a different location, from a compliance standpoint could you just update the same req. once you reach out to all candidates that meet basic requirements and allow them to self withdraw based on location changes?
    Answered by Amy Wozniak from Local JobNetwork™ - Aug 29, 2016
    If you have an open requisition and the position has moved to a location that is less than two hours away from the original one, it is advisable that you update the requisition and your ESDS job listing when a decision is made to move the job. This is to avoid creating any gaps in outreach. Updating the location will give you the opportunity to conduct outreach in the region where the job will actually be located, as Local Veterans’ Employment Representatives and Disabled Veterans’ Outreach Program specialists may have viable candidates for your position based on the new city.

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.