OFCCP Ask the Experts
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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  • Asked by Amy Y. - Oct 31, 2018
    Are all jobs required to be posted internally and external via the ESDS or could the job be posted internally first and if not filled......go external?
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Oct 31, 2018
    It is perfectly acceptable to post internally first, and if not filled, to then go externally.

  • Asked by Anonymous - Oct 22, 2018
    Our organization has several companies under it, that all have their own branding, finances, and company FEINs (over 20) . Employees, however, are grouped and paid under single FEINs based on the type of business (one of 7 at the moment).

    We have one newer company that had federal contracts and over 50 employees. Would we need to have an AA Plan for the whole organization, or just that company?
    Answered by Alissa Horvitz from Roffman Horvitz, PLC - Oct 22, 2018
    The OFCCP uses a questionnaire to determine when a subsidiary company's government contracts implicate the parent or a subsidiary company's government contracts implicate other...
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Oct 22, 2018
    The OFCCP will typically do what they call a "single entity" analysis to determine whether the rest of the company or other unit of the company should be included or have their own AAP. The essential question is whether the company that has the contracts operates separately? Sometimes the single entity question is difficult to determine and therefore, it becomes a question of risk. If unable to determine whether a...

  • Asked by Anonymous - Oct 11, 2018
    Good morning,

    My question is in regard to collection of demographic data for OFCCP auditing purposes. Currently, our applicant tracking system allows applicants to "withdraw" their application at any point. This is true even if the applicant has been fully dispositioned and their application is no longer active. For example, if their application status is "Interviewed - Not Hired", they may withdraw.

    That being said, my question is as follows:

    "In instances where applicants have been fully dipsoisitioned (a reason was designated for non-selection) and the applicant subsequently withdraws, would their demographic information still need to be part of the OFCCP report?"

    My thought is "yes" given that not including their demographic information would improperly skew the analysis. For example, let's say five applicants were interviewed. One person receives the offer and four receive the "Interviewed - Not Hired" disposition (which of course has it's own sub-reason codes). If all four of the non-selected applicants withdraw and we omit their information, the analysis may incorrectly show that only one person was ever interviewed.

    What are your thoughts?

    Thank you, in advance, for the information.

    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Oct 22, 2018
    Assuming your company is using the internet applicant rule, the company must collect the data if the applicant receives an offer. (See rule below.) On those that did not receive an offer, unless the applicant withdrew during the selection process, the demographic data should be kept. Therefore, your instincts are correct.

    By the way, make sure to differentiate between status codes and disposition codes. Status codes identify...

  • Asked by Jessie P. - Oct 08, 2018
    During the recruitment process we will sometimes leave open a position until the actual hired candidate starts their 1st day of work.

    What is best way to disposition those applicants who applied during the time period "after we made a hire but before that hired candidate actually started work".

    We never look at these applicants. Can we utilize "Applicant Not Considered - Late Hire"?

    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Oct 09, 2018
    Hi Jessie,

    Yes, that disposition is fine. It is especially good that this is a rule followed 100%, so the company will be consistent in its...

  • Asked by Everett L. - Oct 08, 2018

    We have a situation where we are attempting to hire an old applicant that applied for a position back in January. The job posting is currently inactive and we were wondering what was the best course of action moving forward. Should we disposition the candidate and have him apply to a more recent posting?

    Thanks and I look forward to hearing from you!
    Answered by Ellen Shong-Bergman from Ellen Shong & Associates - Oct 08, 2018
    I would not reactivate the old job posting, Everett, and would disposition this individual as not selected for whatever the reason was for that particular opportunity.

    I'm not a fan of "sham" postings and they really are a waste of everyone's time, particularly those new/additional job seekers who apply thinking they actually have a shot at the opportunity. However, I know these things happen and IT IS PERFECTLY LEGAL TO RECRUIT/INVITE particular individuals to apply for any posted opportunity. "Best practice" in such cases would be to genuinely...

  • Asked by Anonymous - Oct 03, 2018
    We currently have a communications position open and the hiring manager would like to review writing samples of applicants. I know that we can't score or grade a writing sample without it being validated, as this would be considered a test. However, would it be appropriate to utilize a writing sample as part of the behavioral interview screening. There would be no scoring or right/wrong answer.

    For example:
    1) Have the applicant bring a writing sample with them to the interview.
    2) Hiring managers asks questions of candidates as to why they structured the writing the way they did?

    *** Why did they choose a specific word choice?
    *** How did the audience impact their decisions in how to structure the document?
    *** How did they work with internal business leaders to understand important information to include?
    *** Etc...
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Oct 03, 2018
    Each procedure or step of a hiring process is a "test" in that the applicant must "pass" a certain step in order to move forward in the process. Pursuant to Sec. 60-3.3, (see below) validation is required if the component, in this case reviewing a writing sample, results in adverse impact and there is no nondiscriminatory reason for the impact and there is no reasonable alternative for the component. Validation is not required if there is no...

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