We have a lot of positions that can be filled in any city/state across the nation but only have offices in about 20 states. What are the outreach and state posting requirements as a federal contractor to comply with OFCCP regulations in these areas?
VEVRAA requires that contractors list all employment openings which exist at the time of the execution of the contract, and which occur during the performance of the contract, with the appropriate employment service delivery system (ESDS) where the opening occurs. Typically, the location of a job opening, or where a job opening “occurs,” is the location to which the employee must report for work. For a job opening that does not require the employee to report to, or work from, a specific location, a contractor may satisfy the job listing requirement by listing the job opening with the state or local ESDS where the work unit, division, department or supervisor to which the employee will report or be assigned is located. For example, if the position will report to a supervisor who is based in your Chicago office, then the position should be posted to the IL ESDS.
As far as outreach goes, all of the examples of outreach and recruitment activities listed in the regulations reference recruitment and outreach to relevant agencies, service centers, and community-based organizations that are located near the contractor’s establishment. So at the very least, your outreach efforts should include organizations in that local area. For more information, you can view the OFCCP’s FAQ regarding posting remote positions here.
Salary Requests/Negotiations vs OFCCP
Can salary requests and negotiations be used to defend against suggested pay discrimination? If a company is paying the candidate's "requested salary," could this be an issue during an OFCCP compensation audit?
Unfortunately, this may not provide adequate defense against a pay discrimination claim. A candidate who is interviewing at a company is not in a position to know how his or her desired compensation compares to those in similarly situated positions within the company. Because it is the employer who is in possession of that information, the onus is on the employer to ensure that it is paying employees in the same establishment equally for work that requires equal skill, effort, and responsibility, and is performed under similar working conditions. Differentials in pay are allowed based on seniority, merit, quantity or quality of production, or a factor other than sex, race, color, religion, national origin, age, or disability. For more information, refer to OFCCP’s Fact Sheet on Equal Pay and Compensation Discrimination
How to stay current on recent pay or hiring discrimination cases
Can you recommend a website to use to stay current on cases and/or case outcomes related to pay or hiring discrimination?
Both the EEOC and Department of Labor regularly post information about new court cases and settlements. You can subscribe to both to receive all communications.
EEOC newsroom - https://www.eeoc.gov/eeoc/newsroom/index.cfm
OFCCP news - https://www.dol.gov/ofccp/OFCCPNews/more_news.htm
What is the requirement for reasonable accommodations in our EEO tagline? Is our company required to list our phone number?
Federal contractors are required 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) provided a sample tagline that 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.” There is no requirement to include language regarding reasonable accommodations or your phone number within the EEO tagline itself.
However, federal contractors are obligated to include information, somewhere in your job posting, regarding how a person with a disability can request an accommodation to complete the application process if that is needed. Notice of how to obtain reasonable accommodations should be provided by the contractor via its online system, as well as on its paper applications and job announcements. Ideally, such notices should be prominently displayed, and included at the beginning of the online application process. At a minimum, these notices should contain the name of the person to contact, and the process for requesting an accommodation.
Non-discriminatory screening of candidates.
I am hoping that you can help me out and review the below information for legal and non-discriminatory screening of candidates. Our team has proposed the following language below to be included in a posting of approximately 10 positions for a contract that we were awarded last week. I'm not sure it meets nondiscriminatory requirements.
Also, we have a requirement to provide a credit check and a specific score must be achieved or the candidate will not be hired. We must do this within 5 hours of receiving a go forward from a resume review. This severely limits our ability to have a signed offer in hand with a contingency for passing the requirements listed below.
While this position does not require a security clearance, applicants must be eligible to work in the United States. In addition, Applicants must also:
• Pass a background investigation, which may include a credit check including overall credit score
• Be alcohol and drug free
• Be literate, well-groomed and courteous
• Have the ability to lift and handle at least 50 pounds
Can you shed some light on this at all?
Thank you for your insight and assistance.
The job requirements must be related to the position being posted. There are few positions in which a credit check would be necessary, so such criteria should be evaluated on a case-by-case basis. Physical requirements should also be reviewed for business necessity for specific positions, as the ability to lift 50 pounds will tend to screen out women.
Which BQ equivalency should prominently display in the job post?
What is the correct way to display the basic qualifications (BQ) of the job in the listing/posting when there are education/experience equivalencies for the position? (Ex. Bachelor’s and 2 years of experience or High School Diploma and 8 years of experience.)
The requisition creation platforms (both Peoplefluent and LJN) have a drop-down menu for "Required Education" and a separate drop-down for "Required Experience." These drop-downs do not account for an equivalency and each specifically say "Required." The use of the word “Required” could mean the minimum education and the minimum experience, which technically could each be from a different equivalency (ex. High School and 2 years - rather than High School and 8 years). I know we need to pick a full equivalency and use the whole requirement, but which one?
Considering these are "equivalencies" I do not think that one set of education/experience is better than the other, however the degree might be the preference of the manager. If we display the Bachelor’s degree, we could inadvertently push qualified High School with experience candidates away because they think they need a degree. If we list High School as the education (because it is the minimum) then we may miss out on qualified college educated applicants who do not want to review and apply to a position that seemingly only requires a high school education.
I researched 14 other Federal Contractor job postings on the NC Works state job board. Only eight used equivalencies. Seven of those indicated the degree as the “required” education which displayed at the top of the post, with the full equivalency detail being spelled out further down in the post. Only one Contractor listed High School as the required education, when there was a college degree equivalency. The other six Contractors don’t appear to use equivalencies. (Which makes me wonder what they do when someone awesome applies with great experience that doesn't have the degree.)
From the standpoints of 1) equal opportunity / barrier prevention and 2) OFCCP compliance – what do you advise Contractors to do if they are forced to pick a BQ for display? Thanks in advance!
While federal contractors need to review their job descriptions to make sure their basic qualifications are not discriminatory, from an OFCCP compliance perspective, there is no obligation to choose one basic qualification over another. These are entirely at the discretion of the contractor. However, if your objective is to cast as wide of a net as possible, it would be advisable to select the minimum experience and education that would be acceptable for your position. If you don’t require a college degree, a best practice would be to select “high school” for the education requirement and “2 years” for the experience requirement and include additional detail regarding your equivalency (ex. Requires a bachelor’s degree and 2 years of experience or a high school diploma and 8 years of experience) within the body of the posting. By doing so, you are not prohibiting any potential candidates from applying to your position.