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OFCCP: Ask the Experts
OFCCP Ask the Experts
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
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.
Our job application states "This application will remain active for 6 months. Applicants who wish to apply for a position after 6 months should reapply." We only accept job applications for specific job openings. I have two questions.
1. Are we required to keep the applications "active" for a particular period after initial receipt?
2. If a specific position is filled, then an additional, identical position is opened 2 months later, by keeping the first set of applications active for 6 months, do those applicants have to be considered part of the applicant pool for the second position?
You are not required to keep applications active for any particular period beyond receipt. Candidates will (properly) assume they are under consideration for the same or similar positions after submitting an expression of interest during a six month period if you say six months. Six months seems a very long time to have one position or one type of position open. Our recommendation to clients is to limit the period that any application is active.
On your second question: If a candidate applies for a position, and an identical position is opened two months later, and you've told candidates their applications remain active for six months, it certainly appears that the candidates should be considered for the second opening. They may be dispositioned the same (i.e. they may still be found not minimally qualified, or not as well qualified because of experience, or whatever), but they should be considered. This is one of the problems in saying that applications are considered active for six months. You need to live by the rules you set. If you say "active for six months," then candidates (and regulatory agencies) will have the right to assume an application is in fact under active consideration for six months.
I would strongly encourage you to move away from this six month period. We encourage clients to make candidates apply for each open position in which they are interested, and encourage clients to inform candidates that they must apply for individual openings in order to be considered for those openings.
If you have a type of position that you fill routinely (i.e. assembler, welder, janitor, cook, laundry, call center person, etc.) where you have one constantly open requisition, then a six month active period may make sense. However, all candidates who apply definitely continue to be active for the six month period in such a situation. Also, constant (or "evergreen") requisitions are often associated with large back pay settlements.
Self-ID of Disability Form
Asked by Anonymous - Jan 11, 2017
OFCCP's Self ID of Disability Form is set to expire on 1/31/2017. Has there been any news from the agency about a new form being published?
The formal requirement is to list positions in the manner dictated by the ESDS. Thus, if the ESDS office indicates you need a contact e-mail, then you should include a contact e-mail. If the ESDS office provides no instruction in this regard, then you have more discretion.
Declined Offer. Internet Applicant?
Asked by Anonymous - Dec 09, 2016
Criteria #4 of the Internet Applicant rule states that "The individual, at no point in the contractor’s selection process prior to receiving an offer of employment from the contractor, removed himself or herself from further consideration or otherwise indicated that he/she was no longer interested in the position."
OFCCP then suggests in its FAQs that an employer can consider a withdrawal (passive disinterest to be shown) through several reasons, including "declining a job offer."
This would seem contradictory to the rule, which specifically states "prior to the receiving an offer." But at what point is the offer "received?" Is it only when the candidate accepts or is it simply when the offer is made?
It is unclear whether or not these individuals should be included in applicant pools. What would you consider as best practice in this scenarios?
In this situation it is appropriate to conduct two analyses. One analysis would compare offers to applicants, and would include those offers which were denied. A second analysis would compare hires to applicants, not including those applicants who denied offers. I have seen cases in which several offers were made to minority and/or female applicants and the offers were declined; the ultimate hire was a nonminority male. If there is adverse impact in hires (using a hires-to-applicants analysis), there may not be any adverse impact when all offers are included (using an offers-to-all applicants analysis).
You are right on the money. This is extremely contradictory and should be clarified by OFCCP. An offer is an offer and those candidates should be included in the applicant flow log. Obviously, the response to this FAQ says otherwise. I suggest calling the hotline and getting some guidance. I know that I am going to do the same.
Call OFCCP’s Toll Free Help Line 1–800–397–6251 (TTY 1–877–889–5627)
Affirmative Action RFP Template
Asked by Tara S. - Nov 17, 2016
We are looking to find a new AAP Consultant, but we would like to provide an RFP to the vendors we are interested? Any suggestions on where we may be able to find a template?
The format and content of Request for Proposals (RFP) vary across the board. There is no one-size-fits-all template for an RFP. Depending on the scope of work to be performed, some RFPs can be short and simple, while others can be long and more involved.
There are common sections included in RFPs such as the scope of work to be performed, project deliverables, and bid schedule; but the terms and conditions will vary depending on the contractual requirements that apply to that project or company.
My suggestion would be to work with your department that handles your contracts/subcontracts or with your legal counsel who can help you draft one that fits your specific requirements.
Radio Ads & EEO Taglines
Asked by Anonymous - Nov 08, 2016
One of our locations is going to run a radio ad for recruiting. Do you have any suggested language for an EEO statement that a radio announcer could read? Or, do you suggest they read the official statement word for word?
I'm going to assume that your organization is covered by the federal affirmative action regulations. If this isn't the case, you have significant latitude in what you might use for an EEO tagline.
While it might seem somewhat unreasonable, OFCCP requires that radio and television ads have an EEO tagline that parallels what is use with any other type of advertisement. Thus, if you want to use a short EEO tagline, you would need to say something like "Equal Opportunity Employer-vets and disabled". However, I would personally find this tagline awkward for use in radio or TV ads, even if it works for print ads.
If you still want something short, you may want to consider the following:
"Equal Opportunity Employer - veterans and individuals with disabilities encouraged to apply."
If you're willing to have a longer tagline, you might want to use something like this.
"We are an equal opportunity/affirmative action employer. We especially encourage veterans and individuals with disabilities to apply."
If you'd like to encourage minorities and women to apply, OFCCP has stated that you need to include something about all the classifications protected under Executive Order 11246 in your advertisement. That would mean your tagline would be something like this.
"We are an equal opportunity/affirmative action employer. We consider candidates regardless of race, color, religion, gender, sexual orientation, gender identity, national origin, disability, or veteran status."
A better (though longer) version of the above might be as follows:
"We are an equal opportunity/affirmative action employer. We consider candidates regardless of race, color, religion, gender, sexual orientation, gender identity, national origin, disability, or veteran status, and encourage minorities, females, veterans, and individuals with disabilities to apply."
Ultimately, you're left with a variety of problematic choices. Thank OFCCP for making this more difficult by providing restrictive instructions in its revised regulations for protected veterans and individuals with disabilities and in its new regulations regarding sexual orientation and gender identity.
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.