When the Trump administration released its proposed budget for the upcoming federal fiscal year, the budget contained a proposal for a major change involving two of the nation’s most prominent civil rights agencies, the Equal Employment Opportunity Commission...more
One of the most concerning challenges faced by human resource professionals today is balancing confidential employee data with the ever-growing requirements subject to Office of Federal Contract Compliance Programs (OFCCP) enforcement. This struggle grew more cloudy...more
In late May, the Trump administration released its detailed FY2018 budget, which proposes a $2 billion (20%) cut to the funding for the Department of Labor (DOL). While these initial forays into the federal government budgetary process are often described as “dead on arrival...more
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Kathleen Lee Business Outreach Consultant, Cornell University - K. Lisa Yang and Hock E. Tan Institute on Employment and Disability
Judy Young Assistant Director of Training and Development, Cornell University - K. Lisa Yang and Hock E. Tan Institute on Employment and Disability
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. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.
Question: Recordkeeping requirements for temporary employees and direct hire placements
First, I would like further clarification on whether protected veteran and disability status needs to be collected on temporary hires as well as direct hire placement referrals that are sent over from a third party staffing firm. For temps, we've only been collecting race/ethnicity and gender, so should we have our approved third party staffing firm vendors begin collecting the protected veteran and disability status information via our form for the vets, and OFCCP's form for the IWDs?
Secondly, we are currently collecting most direct placement hire self-ID info, including protected vets and disability status, via our ATS. However, I recently learned that we are not directing all of those referrals to apply online directly to the position, even though they meet the basic qualifications, but may not have the exact preferred skills and experience we are looking for. This results in us not capturing their self-ID information anywhere, nor do we ask our third party staffing firm to track or provide that information to us. Do you recommend that I advise our TA team to have any third party referrals that meet BQ's, which are all directed to our website, to apply directly to the position? Currently we have just those who are phone screened and/or interviewed, but, still were initially reviewed by either a recruiter or hiring manager on our end.
Yes to both questions. Federal contractors are responsible for ensuring that their third party vendors are collecting the self-ID data for race, gender, veterans, and individuals with disabilities. Likewise, it is incumbent on the federal contractor to solicit this data for all candidates who meet the minimum qualifications. Having them apply to the website is a good way to accomplish this.
Yes to the first question. The regulations enforced by OFCCP specifically state that, "The use of an employment agency does not relieve an employer or labor organization or other user of its responsibilities under Federal law to provide equal employment opportunity or its obligations as a user under these guidelines." Title 41 CFR Sec 60-3.10. That means that any obligation a company has remains, regardless of whether the company uses a third party service to assist with hiring. It makes sense if you think about it - the rules are the same regardless of how you get to the finish line.
To the second question, yes, if that helps you capture the required data. The company is obligated to collect it. Soliciting the self-ID information at the point of application is required and critical to be in compliance, so if applicants directed to the company website will accomplish this, that is likely to be a good choice.
2018 Budget Proposal Provides for OFCCP and EEOC Consolidation
President Trump’s recently released 2018 budget proposal calls for OFCCP to be consolidated with the Equal Employment Opportunity Commission (EEOC) by the end of Fiscal Year 2018. This move would place OFCCP and its responsibilities under the EEOC’s guidance. Fiscal Year 2018 would also be considered a “transition year for OFCCP.” If the budget is approved, OFCCP would incur a loss of 131 full-time employees and reduce its budget by $17.2 million. The stated objective of this transfer is to create consistency with enforcement, increase efficiency, and decrease spending.
Read more DOL Highlights throughout the month for timely updates.
The 35th annual Industry Liaison Group (ILG) National Conference, “Strategy, Access, & Leadership in San Antonio,” will be held in San Antonio, Texas August 1-4, 2017. The conference agenda includes a focus on EEO-1 pay data, diversity and inclusion initiatives, managing AAP requirements, internet applicants, and much more. Click here to view a full agenda for the event.
The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics. Previous editions are available for easy reference on The OFCCP Digest Archives page. To subscribe or to provide feedback, email OFCCPDigest@LocalJobNetwork.com.
The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.