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.
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  • Talent Networks Poster Link Requirements
    Asked by Anonymous - Oct 04, 2017
    We have 2 Talent Network Portals-one dedicated to general interest and the other for the Contract Community. That said, we recently added the Employee Polygraph Protection Act and Dept of Labor FMLA poster to our General Talent Community, however, those individuals may or may not be considered internet applicants, since they may or may not apply to an actual position within our career site. We do actually include those 2 poster links and the EEO is the Law, Supplement, and Policy Statement in a link at the bottom of the career page. My first question, is should we leave all poster links in the general Talent Network portal, given that many may or may not ever become applicants. My second question is, that I haven't added the Employee Polygraph or the FMLA poster links to the Contractor Talent Network Portal and am concerned that it too would cause some issues, 1) that they are not necessarily applicants at that point and 2) the Co-employment optics of it. Are there best practices on posters within the Talent Network portals? 2) Should I go ahead and remove all poster links in BOTH Talent Network Portals? 3) Do I have all poster links outside of our EEO policy included in BOTH Talent Portals? I haven't seen any other Federal Contractors include these poster links within their Talent Networks/Talent Communities, but wanted to get some guidance on how best I should proceed with this. Again, I want to ensure that I'm in compliance, but at the same time not putting us at risk by confusing the "applicant" component as well as the "contractor" component.

     
  • Staffing agency letter
    Asked by Anonymous - Oct 04, 2017
    I understand that we have obligations to notify staffing agencies about our federal contractor status, but what does that notification really ask? Are we putting them on alert that they need to send us diverse candidate pools, are we notifying them that they may have obligations as a sub-contractor or are we just satisfying a regulation? I send these letters out annually and don't really see the benefit other than we are meeting our compliance requirement. Can someone please explain the rule.
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Oct 11, 2017
    The purpose behind the rule is to ensure that the staffing agencies are keeping you compliant. As your sub-contractor, they need to be conducting outreach according to the federal contractor regulations. The notice itself is not the most critical issue. As a federal contractor, it is your obligation to ensure that the staffing agency is following the regulations, as though you were conducting the outreach for yourself.

     
  • CEO hiring family - posting requirements
    Asked by Anonymous - Oct 04, 2017
    If the CEO wants to hire their sibling into a non-executive position, are we required to still post the position?
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Oct 11, 2017
    Yes, if you are a federal contractor.

     
  • Notification regarding self-identification of disability
    Asked by Anonymous - Oct 04, 2017
    Is there a specific format or method that a contractor must use when sending a reminder to employees about their right to self-identify between the five year period? During October, our organization celebrates National Disability Employment Awareness Month through various sponsored activities. We also publish a notice in our employee newsletter as well as on our Intranet reminding employees about their right to confidentially self-identify their disability status at any point during their employment and provide a contact number. The newsletter goes out to all employees. Is this sufficient for meeting our obligations or do we need to do something in addition to this?

     
  • OMB Self-ID Disability Form Use
    Asked by Anonymous - Oct 02, 2017
    Hello, I like to know if during the 5 year solicitation to your workforce and also for the 2 1/2 year reminder, is the OMB Self-ID Disability Form used to do so or are you able to create simply a electronic method that asks the same information, but not the physical form itself. In other words, our company had created a simple electronic form that asks the employee to select out of the following options: "Yes, I have a disability (or previously had a disability), "No, I don't have a disability", or "I don't wish to answer". They then must include a digital signature as well as confirm that the information is accurate, by indicating "Yes". The associates were given 2 weeks to complete the survey and believe it might be time stamped. All the information that gets updated in our HRIS without anyone actually physically seeing the information. We don't mention anything about reasonable accommodation on the e-mail communication or on the electronic form itself. That all said, are we fine with keeping the electronic form with possibly adding the reasonable accommodation language in during the 5 years or do we need to use the actual physical OMB form. Additionally, during the 2 1/2 year reminder, could we use our company created electronic form? Please advise. Thank you.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Oct 02, 2017
    This is a good question and a popular one. The OFCCP is particular about format with respect to soliciting this information, regardless of the timing of the solicitation. In its FAQs, the OFCCP provides an answer to your question, which reads as follows:

    “Yes, contractors may create an electronically fillable version of the form used to invite self–identification provided that form meets certain requirements. The e–form must:

    Display the OMB number and expiration date;
    Contain the text of the form without alteration;
    Use a sans–serif font, such as Calibri or Arial; and
    Use at least 11–pitch for font size (with the exception of the footnote and burden statement, which must be at least 10–pitch in size).

    Though it may seem that specifying the minimum size and type of font is unnecessary, OFCCP is doing so to ensure the consistency of appearance, ease of reading, and the general accessibility of the form. By using the OMB number and date, job applicants and employees know that the form is an officially approved government form.”

     
  • Working with 3rd party recruiters
    Asked by Anonymous - Sep 21, 2017
    Based on a webinar I sat through on OFCCP compliance, it is my understanding that if a company is using any third party recruiters we need to communicate this information to the state job boards. Is this correct? If so, is it only if we are regularly using third party recruiters? Some companies cover a majority of their recruiting in house but occasionally use outside recruiters and I was wondering if this applied. Thank you!
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Sep 21, 2017
    Yes. All jobs that meet the criteria outlined in Sec. 60-4.3 Equal opportunity clauses (all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less) need to be posted with the State Employment Service. That includes any jobs that are filled by referrals from a third party recruiter.

     
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