OFCCP Ask the Experts
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
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  • Background checks - is it legal to ask for before offer letter is sent?
    Asked by Donna R. - Jun 10, 2016
    We just started a new process to streamline efforts - once the program manager (hiring manager) selects a candidate,

    1- he sends "request for offer" letter to HR
    2- I (the recruiter) send this email to the candidate:

    Dear ____, my name is Donna R. and I am the Recruiting Manager at Skyline. Mr. _______advised us (HR DEPT) of the position he has offered you at Schofield Barracks. Welcome!!! In order to start your new hire in-processing, we need to conduct a preliminary background check. Attached is the Pre-employment release form allowing us to submit your information to a national background information agency. This form must be signed, and then faxed to 571-577-9472. Once we have your application and back ground information, our HR Specialist, ___________, will send your offer letter and instructions for completing new hire paperwork.

    3. offer letter sent when background cleared


    Answered by Amy Wozniak from Local JobNetwork™ - Jun 15, 2016
    Employers must comply with both Federal and State laws that protect applicants from discrimination. Whether or not you can initiate a background check prior to a job offer, will depend on the state you are located in and the types of questions that are asked in the background check. For example, an employer in Hawaii may inquire about convictions only after making a conditional offer of employment.

    Additionally, when an employer receives a background check report from a company in the business of compiling background information, they must also comply with the Fair Credit Reporting Act (FCRA).

    For more information, the EEOC has a publication on “Background Checks What Employers Need to Know”: To read the publication, click here.

     
  • How best to represent current efforts
    Asked by Jeff A. - May 25, 2016
    GTI Federal has been requested by OFCCP to submit our current outreach efforts to Veteran's/ Disabled individuals/State agencies. What report or display can I use to best show what is happening on LJN?
    I am a new LJN client and just completed the webinar this AM. Thank you.
    Answered by Roselle Rogers from Local JobNetwork™ - May 26, 2016
    We are very pleased to have you using our services. First of all, please know that LJN customers using our OFCCP Compliance Solutions have access to our compliance audit support services to assist you in compiling reports that are required in a compliance review.

    Federal contractors using our services have access to on-demand reporting 24/7 through our website. At any time, you can access and generate the following compliance reports to demonstrate compliance with OFCCP regulations.

    • ESDS (State Job Bank) Cross-Post
    • Community and Diversity Outreach – Detail
    • Outreach Management Activity
    • Outreach Referral Activity

    The ESDS (State Job Bank) Cross-Post report demonstrates your compliance with the mandatory job listing requirement under VEVRAA and contains data on your employment openings, the date they were listed on the appropriate state Employment Service Delivery System (ESDS) where your jobs are located, a screen shot of the job as it was posted on the ESDS, and the reference number assigned by the ESDS.

    The Community and Diversity Outreach – Detail report documents your outreach to organizations that provide services to veterans and individuals with disabilities. This includes a listing of your jobs, the type of organizations your positions were sent to, copies of the emails sent, the dates they were sent, as well as the name and email address of the person who received the emails.

    The Outreach Management Activity report pulls information from our Outreach Management System (OMS). This report shows documentation of notes that have been recorded using the system along with email messages that have been sent to any organization. The report contains the date and time that the interaction or communication took place, the name and contact information of the person at the organization, as well as detailed information on what type of action took place, a record of the subject matter, and the content of those emails or interactions. This is a great way to showcase your efforts towards building relationships with different organizations.

    Our system also provides you the ability to enter and track the candidates that have been referred to you by outreach organizations. The Outreach Referral Activity report captures this information and shows candidates that were referred, the position they were referred to, the name of the outreach organization, the contact person at that organization, and their contact information. It will also show the name of the recruiter or individual who entered the referral and the date the referral was added.

    All of these reports can be exported to Excel, CSV, or sent via email.

    You will find all of these reports very helpful in proving compliance and providing documentation of compliance during an audit.

    We encourage you to reach out to your Account Executive who would be more than happy to walk through the various reporting options available to you in your account.

     
  • Internal Hire on a New Pending Contract
    Asked by Anonymous - May 23, 2016
    We are currently bidding on a new contract. We have a few current/active employees that we would like to use on this contract. Do we still need to post the position and have the employees apply since these are/will be brand new position? Or can we wait to see if we win the contract, then consider it an "internal" hire?
    Answered by Amy Wozniak from Local JobNetwork™ - May 25, 2016
    The Equal Opportunity Clause under VEVRAA, which requires contractors to list their positions with the Employment Service Delivery System (ESDS), states that all positions need to be posted except for executive and senior management, positions that will be filled from within the contractor's organization, and positions lasting three days or less. Because the positions in the new contract would be filled by employees that are currently within your organization, it is not necessary to post them.

     
  • Internal Hires & AA Record Keeping
    Asked by Anonymous - May 19, 2016
    Suppose a company has a requisition open to external applicants, but the position is ultimately filled internally due to interest shown by a current employee. What are best practices for Affirmative Action record keeping in this situation?

    Should the employee apply for the opening?

    Would the external applicants still be considered as part of the applicant pool or would they be excluded since they can no longer be associated with an external hire?

    Any insight in addition to these questions would be greatly appreciated.

    Thank you.
    Answered by Roselle Rogers from Local JobNetwork™ - May 23, 2016
    First of all, keep in mind that even if you eventually filled the position with an internal candidate, OFCCP may still expect you to show proof that you listed the job with the Employment Service Delivery System (ESDS) since you started out considering external candidates at the onset. The Equal Opportunity Clause under VEVRAA, which sets forth the mandatory job listing requirement, specifically states that the exception for jobs filled internally “does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization.”

    As far as best practices go, it is advisable to keep records not only of your external applicants but also your internal applicants. This way, you would be able to show a timeline indicating when your internal applicant expressed interest in the position. Thus, it would be advisable to have the employee apply to the job opening.

    As for including the external applicants in your applicant pool, OFCCP recommends that contractors include them in the applicant pool for this position, even if it will show that no one was hired for this job, and notate it stating that the successful candidate for this job came in internally.

     
  • Posting Positions versus Personal Action Forms
    Asked by Anonymous - May 18, 2016
    This question is for our internal employee actions. Do we have to post positions which increase in FTE (full time equivalent) but does not impact salary or benefits or can these types of internal employee actions be handled via Personal Action Forms?

    Should the Manager use a published selection criteria when making these decisions (seniority?)
    Answered by Roselle Rogers from Local JobNetwork™ - May 20, 2016
    There are two requirements that contractors need to comply with that are relevant to your question.

    The first is the mandatory job listing requirement under VEVRAA, which requires contractors to list their job openings with the local Employment Service Delivery Systems (ESDS) where their jobs are located. All jobs need to be listed with the exception of three categories: 1) executive and senior management positions, 2) positions that will be filled internally, and 3) positions lasting three days or less.

    If the positions you are referring to will be filled by individuals who are already on your organization’s payroll, then there is no need to post these positions with the ESDS, as these are considered as jobs filled internally.

    The second requirement is the periodic review of your personnel processes which is a required component of a contractor’s affirmative action plan. As a contractor, you will need to ensure that regardless of whatever criteria you use, your criteria, processes, and decisions on promotions, transfers, selection for training, and other personnel actions or employment decisions, do not discriminate against protected groups and do not limit their access to these opportunities. It is also important to have these criteria and processes documented and apply these consistently. You are required to periodically review these processes and document this review, with a description of the review and any modifications to your processes based on the results of your review.

    You can find more information on this under the “Equal Opportunity Clause” and “Required Contents of Affirmative Action Programs” in the final VEVRAA rule

     
  • Can we post our positions as "varied Shifts"?
    Asked by Anonymous - May 18, 2016
    Are there and OFCCP/EEOC standards or regulations stating that we cannot post our positions as “shifts vary” etc.…Currently, we are posting each position for each shift. We would like to post the position and list "varied" given that we have positions open for all shifts.

    Examples: Local Hospital System
    Clinical Nurse I, Charge, Sub-Acute Neuro (Full Time/Varied Shift) -- Varied

    Clinical Nurse I, Charge, Sub-Acute Neuro (Per-Diem/Varied) -- Varied


    Answered by Amy Wozniak from Local JobNetwork™ - May 20, 2016
    The mandatory job listing requirement under VEVRAA, which is enforced by OFCCP, states that contractors must provide information about the job vacancy in any manner and format permitted by the appropriate employment service delivery system (ESDS), which may vary from state to state. Therefore, how you list your positions on the ESDS will be based on what the requirements of the specific state where you are posting. From our experience working with all of the ESDS states, it is acceptable to post positions where the employer indicates that shifts may vary. Most states also have the option to select the number of openings you have for a position, enabling you to post once for multiple shifts.

     
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.