OFCCP Ask the Experts
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
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  • Employment Verification
    Asked by Anonymous - Dec 09, 2015
    Greetings!

    I am seeking recent statistics surrounding employment verification. What I am finding is that when doing employment verifications and/or reference checks employers are limiting what they provide to date of hire/date of termination and title or they use the Work Number or some similar service which only provides the same information. Has there been any recent surveys completed on the number of employers that no longer give out additional information or use services (ie: work number)?

    Thanks for your assistance.
    Answered by Carey Freitag from Local JobNetwork™ - Dec 30, 2015
    Companies often limit the information that they provide on their employees to what is documented in an employee’s personnel file, such as dates of employment and position. One reason for this practice is concerns about possible defamation lawsuits when subjective information has been provided.

    Many employers have begun outsourcing their employment verifications to companies, such as The Work Number, that process calls about former employees because it is a safe and effective way to remove themselves from the equation and be sure that they are not providing inaccurate or subjective information. Additionally, many of the outsourcing companies offer online access to the employment information 24 hours a day, 7 days a week.

     
  • Filling a position from within
    Asked by Anonymous - Dec 04, 2015
    We have an employee that used to work in a certain department (technician role) and is now working in another one (coordinator role)… We want to move him back to that first department (technician role)….

    Are we just able to transfer/move him to a position he used to be in… or, do we need to post it internally and then externally?

    Answered by Debra Milstein Gardner from Workplace Dynamics, LLC - Dec 16, 2015
    You do not need to post it externally if it is an internal move. Whether you post it internally is dependent on your company practice.

     
  • OFFCCP job posting regulations-another question.
    Asked by Anonymous - Dec 04, 2015
    OFCCP Job Posting Requirements

    in a question asked by Asked by Anonymous - Nov 11, 2015
    I understood your answer to be you should post with state but NOT on LJN. MY question is how do you get the application and EEO/vet data in the system if you do not post to LJN? We use agencies a lot and then hire the individuals when agency contract ends in 3 months. My process is to post the position, ask them to go in and apply, and then close it as soon as they do. My reason is #1 it gets posted with ESDS, and #2 it's in our reporting system (LJN) . Is there a way I can get their info to LJN to run my reports without having to post the position?



    Answered by Jacquelyn Peterson from Local JobNetwork™ - Dec 04, 2015
    Sorry for the confusion!

    To clarify, employers can post the positions themselves or use a third-party resource (e.g. LJN). Short of turning this reply into a sales pitch, my original reply was to help the person understand that - in general terms - regardless of who posts the jobs (e.g. post it yourself or use a third-party), the job needs to be posted. That was the purpose of the original reply.

    If you post with LJN, your jobs will absolutely be posted onto the employment service delivery system/state job bank (ESDS/SJB), so you are good!

    In addition, LJN tracks and documents all of the postings so you can prove what jobs were posted and when they were posted, etc. The jobs include a PDF snapshot with a confirmation ID from the ESDS/SJB confirming the jobs were posted. LJN also does outreach and records that too!

    Thus, if you are using LJN, you are on the right track :) Sorry for the confusion!

    Let me know if you need a further explanation and we can talk offline.

    Jacquelyn

    414-278-0700

     
  • What Training Does the EEOC Require?
    Asked by Anonymous - Nov 24, 2015
    Does the EEOC require Employers to train their managers on any specific training? In addition, are employers required to sit down with each individual supervisor and ask them questions such as these, document their answers, and have the supervisor sign it? What would be the pros and cons to this approach.

    Do you maintain a working environment in your area of responsibility, which is free of harassment, intimidation, and coercion on job sites and in facilities which this company’s employees are assigned to work? How was this accomplished?

    Do you periodically check all employees to determine if, in fact, there is no harassment, intimidation, or coercion taking place at the job site? If so, when? If any of these forms of prohibited conduct were discovered, what actions did you take to correct it?

    Do you monitor all on-the-job training to ensure proper and comprehensive training of each employee, regardless of race or gender? If so, in what manner was this accomplished?

    Are you available and responsive to all employees with on-the-job or work related problems, regardless of race or gender? How is this demonstrated?

    By representation of your signature, you agree that the material contained in this evaluation has been discussed and that any marked “No” must be immediately corrected to conform to the company’s EEO Policy and Affirmative Action Plan.

    Answered by Jacquelyn Peterson from Local JobNetwork™ - Dec 22, 2015
    The EEOC does not enforce any type of law or regulation that necessarily "requires" an employer to provide training.

    Nevertheless - as a best practice - employers should provide EEO training to better identify employment discrimination and to have certain policies and procedures in place so the employer can handle any internal complaints of employment discrimination and/or to minimize damaging effects of any such complaints.

    Generally speaking, employers should train HR managers and employees on the EEO laws. Employers should implement an EEO policy as well as train managers, supervisors, and employees regarding it as well as enforce it.

    Also, maintain an anti-harassment policy and periodically train employees on its contents as well as enforce it. The policy should include:

    - Explanations of prohibited conduct and include examples of such;
    - Assurance that complainants and/or those providing information in a complaint are protected against retaliation;
    - A complaint process that provides multiple ways of filing a complaint;
    - Assurance the employer will protect the confidentiality of harassment complaints where possible;
    - A complaint process that provides a timely, thorough, and unbiased investigation; and
    - Assurance the employer will take immediate, appropriate, and corrective action when it determines that harassment has occurred

    As training occurs, it is helpful to document when you held the training class, the content that was covered in the training session as well the names of those who attended.

     
  • EEO is the Law Poster Supplement
    Asked by Anonymous - Nov 19, 2015
    I understand that until the EEO is the Law poster is updated, OFCCP offers the Supplement poster to incorporate the recent changes.

    We have both the EEO is the Law poster and Supplement posted on our career website, but we were hoping that we wouldn’t have to physically send a copy to each of our locations to post on the bulletin boards to supplement the EEO is the Law poster. Are we required to post the Supplement or is it optional/recommended?
    Answered by Jacquelyn Peterson from Local JobNetwork™ - Nov 25, 2015
    OFCCP does not state when the poster needs to be posted; however, it is a mandatory supplement of the "EEO is the Law" poster. Thus, the supplement poster needs to be placed in a conspicuous workplace location where notices to applicants and employees are typically posted (e.g. next to the "EEO is the Law" poster). OFCCP provides guidance on how to use the supplement in its FAQs until the revised "EEO is the Law" poster is released.

     
  • EEO Tagline
    Asked by Michelle J. - Nov 12, 2015
    We have used a couple of different EEO Taglines. Here is one example: EEO/AA Veteran Friendly Employer
    Drug-Free Workplace


    Can you recommend a tagline or minimally help us understand what elements the tagline should account for?

    Thank you,
    Michelle
    Answered by Debra Milstein Gardner from Workplace Dynamics, LLC - Nov 12, 2015
    Michelle - your tagline is not compliant because it does not address disability. Here are some options.

    1. Equal Opportunity Employer or EOE
    2. EOE/M/F/Vet/Disabled
    3. EOE/Minorities/Females/Veterans/Disabled
    4. EOE – Equal Opportunity Employer. People of color, women, veterans and individuals with disabilities are encouraged to apply.
    5. Employment policies and decisions on employment and promotion are based on merit, qualifications, performance, and business needs. The decisions and criteria governing the employment relationship with all employees are made in a nondiscriminatory manner, without regard to race, religion, color, national origin, sex, age, physical or mental disability, sexual orientation, gender identity, veteran status, or any other factor determined to be unlawful by federal, state, or local statutes.
    6. All qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin, age, sexual orientation, gender identity, disability or veteran status.
    7. We are an equal opportunity employer with a commitment to diversity. All individuals, regardless of personal characteristics, are encouraged to apply.
    8. We are an equal opportunity employer that values diversity at all levels. All individuals, regardless of personal characteristics, are encouraged to apply.

     
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.