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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.
We don't list physical demands for each job posted and we were thinking of adding a general reasonable accommodation statement on all job descriptions/positions. What is best practice? Where do companies usually list their reasonable accommodations statement?
Federal contractors are required to state in all solicitations and job advertisements that they are an equal employment opportunity employer of individuals with disabilities. They are also required to invite applicants to self-identify as individuals with disabilities using the Voluntary Self-identification of Disability form, which does include a reasonable accommodation statement on page 2. Although contractors may not alter the content of the OFCCP’s voluntary self-identification form, contractors are encouraged to provide additional reasonable accommodation information with the form, such as the name and contact information of the official(s) responsible for processing requests for reasonable accommodation from applicants with disabilities and information about the contractor’s reasonable accommodation procedures. For additional information, refer to Appendix B of Section 503, which provides examples of “best practices” for contractors in developing reasonable accommodation procedures.
Security Clearance Requirement
Asked by Anonymous - Sep 06, 2016
Good morning, Can we require a candidate to answer whether or not they have an active security clearance if the position requires one? It's my understanding that we can because in order to be considered an Internet Applicant under the OFCCP rules, the applicant needs to indicate that they possess the basic qualifications. If the job requires a security clearance, this would be considered a basic qualification, correct? Thank you in advance!
Do you know where I can find information on penalties, if any, for not following the rules stated below:
When searching for candidates on an external resume database, you will need to maintain the following records:
• A record of the position for which each search of the database was made • The date of the search for each search conducted • The substantive search criteria for each search conducted – such as experience, degree, location, industry, and key words used • The resumes of job seekers who met the basic qualifications for the particular position who you considered for the position.
I've looked on the OFCCP website, but not able to find any documentation. Thank you.
There are no specific penalties for not maintaining that information; however, if it becomes obvious during a compliance review that it has not been maintained then it may lead to a conciliation agreement (CA). If this occurs, you may have to provide the OFCCP with proof that this information has been maintained during a one-to-two period (as identified in the CA). You may also need to submit information on applicants identified from these searches and whether or not they were hired. OFCCP may conduct a disparity analysis on this data and if there is adverse impact, you may have to defend your hiring decisions.
Job Descriptions should include essential functions of the position and if reliable transportation or a valid driver’s license are essential functions then those qualifications could be listed. If a company, however, incorrectly identifies driving as an essential function for a particular position and excludes an individual whose disability makes driving impossible, they may violate the Americans with Disabilities Act (ADA).
For example, a home health aide that visits patients’ homes would require reliable transportation to visit the home, and therefore that would be considered an essential function. That same position, however, would not necessarily need a valid driver’s license since the reliable transportation could be public transportation.
Do you need to create new reqs for job location moves?
Asked by Mairead O. - Aug 26, 2016
If an open req. was moved between cities (less then 2 hour drive) same job requirements but a different location, from a compliance standpoint could you just update the same req. once you reach out to all candidates that meet basic requirements and allow them to self withdraw based on location changes?
Answered by Amy Wozniak from Local JobNetwork™ - Aug 29, 2016
If you have an open requisition and the position has moved to a location that is less than two hours away from the original one, it is advisable that you update the requisition and your ESDS job listing when a decision is made to move the job. This is to avoid creating any gaps in outreach. Updating the location will give you the opportunity to conduct outreach in the region where the job will actually be located, as Local Veterans’ Employment Representatives and Disabled Veterans’ Outreach Program specialists may have viable candidates for your position based on the new city.
EEO and VET category definitions
Asked by Anonymous - Aug 23, 2016
Does the OFCCP require us to provide the definitions of the EEO and Protected VET categories when requesting this voluntary information from applicants and employees? If so, where on the OFCCP website is this confirmation found?
The regulations do not require contractors to provide definitions of the EEO-1 categories or protected veteran categories when soliciting voluntary information from applicants and employees. Appendix B of the new Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) regulations provides sample language for the voluntary self-identification that does include the definitions, but this is suggested language and not required language. What it does require is that the invitation should: 1) state that the contractor is a federal contractor required to take affirmative action to employ and advance in employment protected veterans pursuant to the Act; 2) summarize the relevant portions of the Act and the contractor's affirmative action program; and 3) state that the information is being requested on a voluntary basis, that it will be kept confidential, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will not be used in a manner inconsistent with the Act.
That being said, as a best practice, you might still want to include the definitions, especially for the protected veteran categories, as applicants and employees may not necessarily be familiar with who falls under these categories.
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.