OFCCP Ask the Experts
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
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  • Data Collection for VEVRAA and Section 503 AA Plans
    Asked by Anonymous - Apr 14, 2016
    1. When gathering data for these plans (total applicants, jobs opened/filled, hire, etc), we are simply totaling the counts for each set of data. Is there any requirement for us to split these counts out by EEO Job Title Classification?

    2. When should a cancelled requisition be considered as a job opened or filled, if at all?

    Thank you.
    Answered by Bill Osterndorf from HR Analytical Services - Apr 14, 2016
    Answer to question 1: You are not required to split out data by job title, job group, or any other segmented classification. The data metrics are done by the establishment as a whole. The only statistical report in the vets or disability AAPs by any subgroup is the utilization analysis in the disability AAP.

    Answer to question 2: A cancelled requisition would be a job opened, but not a job filled. Absent some very unusual circumstance, this would be the situation for any cancelled requisition.

     
  • Recommended List of Disposition Codes
    Asked by Amber S. - Apr 13, 2016
    I work for an engineering firm as the recruiting manager. The current list of disposition codes, established by my predecessor, are a combination of status/disposition - so therefore very confusing to the hiring managers as to which one to use. I'm hoping someone could provide a standard list that we could develop a correct list off of - sort of a "best practices" list of codes.
    Answered by Bill Osterndorf from HR Analytical Services - Apr 13, 2016
    The disposition codes that an organization should be tailored to the manner in which that organization conducts its recruitment efforts. Thus, there is no one set of universal disposition codes that are relevant to every organization.

    In terms of "best practices," disposition codes should include the following:

    - Information on the reason a candidate is no longer under consideration
    - Information on when a candidate fell out of consideration
    - Information on who made the decision that caused the candidate to fall out of consideration

    For federal contractors and subcontractors, there should be dispositions that would remove the candidate from applicant data that would be submitted to OFCCP during a compliance review. This would include the following types of dispositions:

    - Dispositions indicating that the candidate did not meet some particular basic qualification (such as an educational or experience requirement) for an open position
    - Dispositions indicating that a candidate withdrew from consideration (by actively withdrawing, by failing to respond to contacts from your organization, or by having a criteria for a position your organization cannot meet)
    - Dispositions indicating that a candidate failed to properly follow your organization's process for consideration (for example, by failing to meet a time frame for applying or by applying for a position that was not open)

    Whenever possible, there should also be dispositions for qualified candidates that indicate the type of criteria that made a candidate less qualified than the individual who was selected.

    Some organizations have very lengthy lists of dispositions. Others have shorter lists which they supplement with notes regarding what happened to candidates. As I noted at the start of this response, your list of dispositions must fit your particular organization.

    If you are interested in the particular list of disposition codes we have developed at my firm, you may contact me directly at wosterndorf@hranalytical.com. The list is too long to reprint here.

    I hope this is helpful.

     
  • AAP Structure
    Asked by Anonymous - Apr 11, 2016
    Currently, our AAPs are structured by reporting location (individuals are in the AAP location where their supervisor sits). We have had many supervisor changes throughout the year so it gets complicated in tracking changes for individuals who have moved from supervisor to supervisor and consequently from plan to plan.

    Can we structure the plans by employee location for the following AAP year so that we are evaluating mostly the same group of individuals each year? If so, what happens with those locations that have less than 50 employees, would they have to be rolled up into the supervisor's plan or can we maintain a smaller plan for those locations as well?
    Answered by Bill Osterndorf from HR Analytical Services - Apr 12, 2016
    As you're probably aware, establishments with 50 or more employees must have their own affirmative action plans. You have three options for establishments with less than 50 employees:

    - These establishments can have their own AAPs
    - Employees in an establishment with fewer than 50 employees can be included in the AAPs that cover the personnel function that supports the establishment
    - Employees in an establishment with fewer than 50 employees can be included in the AAPs the cover the "official to whom they report"

    See 41 CFR 60-2.1(d)2

    Thus, an answer to your last question is locations with fewer than 50 employees can be placed in their own AAPs.

    Your remaining questions have no simple answer. It appears that you know that the affirmative action regulations indicate that employees "who work at establishments other than that of the manager to whom they report, must be included in the affirmative action plan of their manager." (41 CFR 60-2.1(d)1) However, this requirement should be tempered by the fact that OFCCP generally expects that most of the employees at any given establishment (i.e. any given location) are included in the affirmative action plans for that location. An OFCCP compliance officer may have a difficult time conducting a review of an affirmative action plan where a significant number of employees based at the relevant establishment are not included in the establishment's AAP.

    OFCCP's expectation that employees would be placed in AAPs with their supervisor was an outgrowth of the agency's reviews involving corporate headquarters. The agency clearly anticipated that the requirement about placing employees with their supervisors would primarily affect senior managers. However, the world has become far more complicated since this provision was adopted by OFCCP, and it is not unusual for professional and even clerical employees to report to a supervisor at a different location. This appears to be something that OFCCP did not expect, since the agency's regulations, policies, and practices are still primarily focused on compliance reviews involving a given establishment.

    You need to make a strategic decision regarding the design of your affirmative action plans. You can either have highly complex AAPs that include and exclude employees at any given establishment depending on reporting lines, or you can have simpler AAPs that include a significant portion of the employees at a particular establishment even if their supervisors are located elsewhere. (A third option would be to develop functional AAPs for your organization, but you would need to receive OFCCP's permission to develop functional AAPs.)

    There are times when simpler is better, and for you this may be one of those times. While technically it appears that all employees should be in the AAP of their direct supervisor, you may be best served by having AAPs where most employees at a given establishment are included in that establishment's AAPs. Senior managers could still be included with their supervisor, but it might make sense to keep professional and clerical employees with the relevant establishment.

    Please understand that OFCCP will potentially have questions for you regardless of the way you design your AAPs. If too many employees who are physically based at a particular establishment are not included in that establishment's AAPs, an OFCCP compliance officer may raise questions. Conversely, a compliance officer may raise questions if the provisions of 41 CFR 60-2.1 are not being strictly followed. You will simply need to make a decision on AAP design and then prepare responses on how and why your AAPs were designed.

     
  • Who to Include as Movements in Goal Attainment
    Asked by Anonymous - Apr 11, 2016
    In regards to Affirmative Action planning, who should be counted as a movement when analyzing Goal Attainment? We are currently including new hires and promotions (which we define as a job title change with a pay increase). However, should we also be including demotions and reassignments/lateral moves (job title change without a pay increase)?
    Answered by Bill Osterndorf from HR Analytical Services - Apr 12, 2016
    Hires and promotions is the correct answer. You should not include demotions. Organizations typically do not show reassignments and lateral transfers as placements. If a reassignment or lateral move constituted some kind of positive change for an employee in terms of pay, future opportunities, and/or increased responsibilities, you might be able to consider that as a placement. However, you would potentially need to explain to OFCCP why you were counting that kind of change as a placement.

    The safest and best answer is to count only hires and promotions as placements.

     
  • Preferred way to detail the Outreach Assessment?
    Asked by Anonymous - Apr 07, 2016
    Hello! We recently received a scheduling letter from the OFCCP. Before the plan is submitted, is there a preferred way that the OFCCP would like to see our Outreach Assessment? What are the key components for this requirement?
    Answered by Roselle Rogers from Local JobNetwork™ - Apr 07, 2016
    Under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) and Section 503 final rules, contractors are required to conduct an annual assessment to determine whether the chosen methods of outreach and recruitment have been successful, and document the results of this assessment. The assessment must include: a) the criteria the contractor used to evaluate the effectiveness of each method, and b) the contractor’s conclusion as to whether each method was effective.

    This shall include the data collected for the current year and the two most recent previous years on: the number of applicants who self-identified as protected veterans or individuals with disabilities, the total number of job openings and total number of jobs filled, the total number of applicants for all jobs, the number of protected veteran applicants or individuals with disabilities hired, and the total number of applicants hired.

    If the contractor finds that its efforts were not effective in identifying and recruiting qualified protected veterans and individuals with disabilities, it must implement alternative outreach and recruitment methods. Contractors are also required to retain their assessment for three years, so they can evaluate the success of their outreach and recruitment efforts for veterans and individuals with disabilities over time.

    For more information, refer to “Assessment of external outreach and recruitment efforts” in the VEVRAA final rule here.

     
  • EEO TagLine
    Asked by Anonymous - Apr 06, 2016
    We are looking to review our EEO Tagline.

    This is what we are currently using: "Company Name" is an equal opportunity employer.

    What do you think we need to add to be compliant.


    Answered by Roselle Rogers from Local JobNetwork™ - Apr 07, 2016
    Federal contractors are required under Executive Order 11246, Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), Section 503, and Executive Order 13672 final rules to state in all solicitations or advertisements for employees their status as an equal opportunity employer and that all qualified applicants will receive consideration without regard to their status as a member of a protected group. The Office of Federal Contract Compliance Programs (OFCCP) advises against using abbreviations and provided a sample tagline you could use in its E.O. 13672 Frequently Asked Questions that states the following: “Equal Opportunity Employer – minorities/females/veterans/individuals with disabilities/sexual orientation/gender identity.”
    Answered by Bill Osterndorf from HR Analytical Services - Apr 07, 2016
    To emphasize something Roselle was saying, it's important to note that there are very specific requirements in the veteran and disability regulations. Federal contractors and subcontractors covered by the veteran regulations MUST reference veterans, and organizations covered by the disability regulations MUST reference individuals with disability.

    This presents a somewhat awkward situations for companies hoping to use a short EEO tagline. The minimal tagline would need to say "Equal Opportunity Employer-vets/disabled". However, this tends to make it appear only vets and individuals with disability are provided with equal opportunity protections.

    OFCCP has complicated this situation by saying that if one references one of the classes in Executive Order 11246, all classes must be referenced. Thus, it would be insufficient to say "Equal Opportunity Employer-minorities/females/vets/disabled". Even the sample that OFCCP has provided theoretically would not meet this standard, as it does not reference three other classes covered by the Executive Order: religion, national origin, and color.

    This leaves, in essence, the following options for taglines:

    1. Reference only veterans and individuals, using a tagline like "Equal Opportunity Employer-vets/disabled"
    2. Use the tagline OFCCP has suggested
    3. Use a more complete tagline such as "Equal opportunity employer. This company considers candidates regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status"

     
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