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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  • Manager Interview Training
    Asked by Krissy R. - Dec 14, 2017
    Could someone point me in the right direction for Manager Interview Training. The Do's and Don't when it comes to interviewing a candidate.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 18, 2017
    Hi Krissy,

    Unfortunately, there is no list that makes this easy. There are a lot of nuances to the laws and regulations that cover this topic and the facts of your particular company may impact the answer as well. Remember that OFCCP (and EEOC) often uses statistical analyses to determine whether a step in the hiring process such as an interview has adverse impact, so something seemingly innocent may in fact be a violation. However, keep in mind that one should be able to go back in time and determine why an applicant was not hired or why one applicant was hired over another, so good record keeping and objective notes from managers are important.

     
  • Salary discussion per state
    Asked by Krissy R. - Dec 14, 2017
    In what states am I NOT allowed to ask for salary history?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 18, 2017
    Hi Krissy,

    This is a tricky one because state laws often change. There are only a few states that I know of that prohibit or limit questions about salary history, but I am not an expert in all state laws. My understanding is Oregon, Delaware, Massachusetts, and perhaps California have at least limitations regarding asking about salary history. You may want to consider checking the individual state law at the time the company is hiring to ensure that your company is compliant.

     
  • 3rd Party Recruiters
    Asked by Linda L. - Dec 08, 2017
    We are a federal government contractor and there are times we engage staffing companies to recruit on our behalf. When asking a 3rd party agency to recruit for an open requisition exclusively, which also means we are NOT actively recruiting for roles we pass to them. When we hire the candidate they presented, what do we need to do from a reporting standpoint?

    They were given the responsibility to recruit and fill the requirement.
    No company recruiter working on those requirements.
    Hiring decision made on their candidate.
    We hire and onboard that candidate.

    What is our responsibility from a compliance reporting standpoint?

    Thank you.
    Linda
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Dec 18, 2017
    Hi Linda,

    Using a third party staffing agency does not exempt a company from the regulations enforced by OFCCP (Sec. 60-3.10). Thus, all the requirements under the regulations still apply, such as posting, listing, outreach, compliant selection procedures, and adverse impact analyses. The text of the regulation is below.

    Sec. 60-3.10 Employment agencies and employment services.

    A. Where selection procedures are devised by agency. An employment
    agency, including private employment agencies and State employment
    agencies, which agrees to a request by an employer or labor organization
    to devise and utilize a selection procedure should follow the standards
    in these guidelines for determining adverse impact. If adverse impact
    exists the agency should comply with these guidelines. An employment
    agency is not relieved of its obligation herein because the user did not
    request such validation or has requested the use of some lesser standard
    of validation than is provided in these guidelines. The use of an
    employment agency does not relieve an employer or labor organization or
    other user of its responsibilities under Federal law to provide equal
    employment opportunity or its obligations as a user under these
    guidelines.
    B. Where selection procedures are devised elsewhere. Where an
    employment agency or service is requested to administer a selection
    procedure which has been devised elsewhere and to make referrals
    pursuant to the results, the employment agency or service should
    maintain and have available evidence of the impact of the selection and
    referral procedures which it administers. If adverse impact results the
    agency or service should comply with these guidelines. If the agency or
    service seeks to comply with these guidelines by reliance upon validity
    studies or other data in the possession of the employer, it should
    obtain and have available such information.

     
  • Canadian Job Posting Compliance
    Asked by John Y. - Nov 29, 2017
    We are considering acquiring a company in Ontario, Canada. Does Canadian or Provincial law require the use of EEO type taglines or other mandatory information when posting job opportunities? To my knowledge, the targeted firm does not engage in any contract work with either Provincial or Federal governments.
    Thanks.
    Answered by Alissa Horvitz from Roffman Horvitz, PLC - Nov 29, 2017
    I do not believe that Ontario requires a tagline. I have found its Human Rights Commission website to be helpful in the past. http://www.ohrc.on.ca/en/iv-human-rights-issues-all-stages-employment/3-advertising

    I am not familiar with requirements of other Provinces or Canadian law.

     
  • FQHC Posting Requirements
    Asked by Dayna S. - Nov 21, 2017
    My organization is an FQHC (Federally Qualified Health Center). Are we required to comply with OFCCP?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Nov 22, 2017
    Jurisdiction is often tricky both for contractors and the agency. Being an FQHC doesn’t necessarily make a company required to comply with the laws enforced by OFCCP, but it doesn’t mean that the company is not a federal contractor either. Likely, a little more research needs to be done based on the facts of your situation.

     
  • Timeframe for Data Analysis
    Asked by Anonymous - Nov 20, 2017
    Last year was the first year we were required to develop an AAP and the dates we published were Jan 1, 2017 - Dec 31, 2017. It is my understanding that the analysis of data should be based on a snapshot of a specific date. Does that date have to fall within that year? Or is it the last day of the year and if it's the last day of 12/31/17, what date am I required to publish the 2018 AAP with the data analysis?

    Thank you.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Nov 20, 2017
    The Hires, Applicants, Promotions, and Terminations should be dated beginning (and including) the full year. In your case January 1, 2017 through December 31, 2017. The employee snapshot should be dated December 31, 2017. Best practice in this case is to prepare the plan as soon as reasonably possible after the first of the year. The regulations state that the AAPs must be updated annually. If audited, the company will be required to submit the plan and accompanying data within 30 days, so the plan should be in place before thirty days, of course.

     
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