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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  • 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?
    Answered by Roselle Rogers from Local JobNetwork™ - Oct 19, 2017
    The regulations require that “contractors invite applicants to self–identify as IWDs at both the pre–offer and post–offer phases of the application process, using language prescribed by OFCCP. The regulations also require that contractors invite their employees to self–identify as IWDs every five years, using the prescribed language.” Contractors are required to use the OMB form, but there is no prescribed method that contractors should use to invite employees to self-identify every five years. When choosing the method to use, consider the kind of documentation or proof that your method will provide you. Will your records support that each employee received an invitation to self-identify? If you have 100 employees, can you prove that all 100 employees received an invitation? If you had an employee file a disability discrimination claim, and you were not aware the employee had a disability, will you be able to prove that you provided him/her an invitation to self-identify and the employee declined to self-identify?

    The concern I have with embedding the self-ID invitation in a newsletter is that, while you can prove that you sent the newsletter to all employees, that does not mean that every employee read the newsletter and therefore became aware of the invitation to self-identify. I would advise a more direct method for the invitation, that leaves no doubt that they received the invitation to self-identify. An email that goes out to all employees, where you can have a record of all employees who received the email, inviting them to self-identify, would provide you better documentation. You may also wish to add this invitation in the notices that HR sends out to employees to sign off on annually. Regardless of your method, make sure your documentation can prove that all of your employees received that invitation.

  • 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.

  • Disposition on canceled requisitions
    Asked by Anonymous - Sep 14, 2017
    If a requisition has been canceled, do the applicants who have applied need to be dispositioned?
    Answered by Bill Osterndorf from HR Analytical Services - Sep 14, 2017
    Yes. But the job is easy, as they should all be dispositioned as "Requisition cancelled." This may seem totally obvious, but some companies leave candidates in cancelled requisitions with a disposition of "reviewed" or "applied" or something else that suggests they may have been considered or that a selection that occurred. "Requisition cancelled" makes it clear what happened.

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.