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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  • Declined Offer. Internet Applicant?
    Asked by Anonymous - Dec 09, 2016
    Criteria #4 of the Internet Applicant rule states that "The individual, at no point in the contractor’s selection process prior to receiving an offer of employment from the contractor, removed himself or herself from further consideration or otherwise indicated that he/she was no longer interested in the position."

    OFCCP then suggests in its FAQs that an employer can consider a withdrawal (passive disinterest to be shown) through several reasons, including "declining a job offer."

    This would seem contradictory to the rule, which specifically states "prior to the receiving an offer." But at what point is the offer "received?" Is it only when the candidate accepts or is it simply when the offer is made?

    It is unclear whether or not these individuals should be included in applicant pools. What would you consider as best practice in this scenarios?
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Dec 09, 2016
    In this situation it is appropriate to conduct two analyses. One analysis would compare offers to applicants, and would include those offers which were denied. A second analysis would compare hires to applicants, not including those applicants who denied offers. I have seen cases in which several offers were made to minority and/or female applicants and the offers were declined; the ultimate hire was a nonminority male. If there is adverse impact in hires (using a hires-to-applicants analysis), there may not be any adverse impact when all offers are included (using an offers-to-all applicants analysis).
    Answered by Debra Milstein Gardner from Workplace Dynamics, LLC - Dec 11, 2016
    You are right on the money. This is extremely contradictory and should be clarified by OFCCP. An offer is an offer and those candidates should be included in the applicant flow log. Obviously, the response to this FAQ says otherwise. I suggest calling the hotline and getting some guidance. I know that I am going to do the same.

    Call OFCCP’s Toll Free Help Line
    1–800–397–6251 (TTY 1–877–889–5627)

  • Affirmative Action RFP Template
    Asked by Caroline M. - Nov 17, 2016
    Hi there,

    We are looking to find a new AAP Consultant, but we would like to provide an RFP to the vendors we are interested? Any suggestions on where we may be able to find a template?

    I appreciate any assistance.

    Thanks so much!
    Answered by Roselle Rogers from Local JobNetwork™ - Dec 01, 2016
    The format and content of Request for Proposals (RFP) vary across the board. There is no one-size-fits-all template for an RFP. Depending on the scope of work to be performed, some RFPs can be short and simple, while others can be long and more involved.

    There are common sections included in RFPs such as the scope of work to be performed, project deliverables, and bid schedule; but the terms and conditions will vary depending on the contractual requirements that apply to that project or company.

    My suggestion would be to work with your department that handles your contracts/subcontracts or with your legal counsel who can help you draft one that fits your specific requirements.

  • Radio Ads & EEO Taglines
    Asked by Anonymous - Nov 08, 2016
    One of our locations is going to run a radio ad for recruiting. Do you have any suggested language for an EEO statement that a radio announcer could read? Or, do you suggest they read the official statement word for word?
    Answered by Bill Osterndorf from HR Analytical Services - Nov 17, 2016
    I'm going to assume that your organization is covered by the federal affirmative action regulations. If this isn't the case, you have significant latitude in what you might use for an EEO tagline.

    While it might seem somewhat unreasonable, OFCCP requires that radio and television ads have an EEO tagline that parallels what is use with any other type of advertisement. Thus, if you want to use a short EEO tagline, you would need to say something like "Equal Opportunity Employer-vets and disabled". However, I would personally find this tagline awkward for use in radio or TV ads, even if it works for print ads.

    If you still want something short, you may want to consider the following:

    "Equal Opportunity Employer - veterans and individuals with disabilities encouraged to apply."

    If you're willing to have a longer tagline, you might want to use something like this.

    "We are an equal opportunity/affirmative action employer. We especially encourage veterans and individuals with disabilities to apply."

    If you'd like to encourage minorities and women to apply, OFCCP has stated that you need to include something about all the classifications protected under Executive Order 11246 in your advertisement. That would mean your tagline would be something like this.

    "We are an equal opportunity/affirmative action employer. We consider candidates regardless of race, color, religion, gender, sexual orientation, gender identity, national origin, disability, or veteran status."

    A better (though longer) version of the above might be as follows:

    "We are an equal opportunity/affirmative action employer. We consider candidates regardless of race, color, religion, gender, sexual orientation, gender identity, national origin, disability, or veteran status, and encourage minorities, females, veterans, and individuals with disabilities to apply."

    Ultimately, you're left with a variety of problematic choices. Thank OFCCP for making this more difficult by providing restrictive instructions in its revised regulations for protected veterans and individuals with disabilities and in its new regulations regarding sexual orientation and gender identity.

  • Contract Threshold Amounts
    Asked by Anonymous - Oct 31, 2016
    Can anyone direct me to where I might find information on federal contractor compliance obligations at the various thresholds? For instance, the non-discrmination in employment for contracts in excess of $10K or more.
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Nov 01, 2016
    OFCCP has developed an infographic designed to answer all jurisditional questions at: https://www.dol.gov/ofccp/posters/Infographics/JurisdictionalThresholds_508_Feb2016_JRFQA508c.pdf
    Answered by Carla Irwin from Carla Irwin & Associates, Inc. - Nov 01, 2016
    elaws is also a good source of information http://webapps.dol.gov/elaws/ofccp.htm. It will ask you a series of questions to help determine your threshold and responsibilities.

  • VEVRAA Compliance Checklist
    Asked by Anonymous - Oct 28, 2016
    Can anyone tell me where I might find a checklist or other type document that lists all of the requirements under VEVRAA? I found one for Section 503 and Executive Order 11246, but haven't found a comprehensive list for the vet regulations.
    Answered by Debra Milstein Gardner from Workplace Dynamics, LLC - Oct 28, 2016
    We have a compliance checklist for VEVRAA and Section 503 on our website in the Tools/Resources Section.


  • Company that Provides Validated Writing Tests
    Asked by Anonymous - Oct 27, 2016
    Hello- do you know of any companies that offer validated writing tests? So that we can determine candidates, for communications related positions where they will do a lot of writing's) capabilities?
    Answered by Bill Osterndorf from HR Analytical Services - Nov 04, 2016
    There will certainly be companies that offer writing tests. The more important question for you, however, is validation. Most companies offering writing tests will tell you they've done national validation studies, or that their studies have been proven effective across a wide base of industries. This is not an acceptable way to look at validation studies, at least from a regulatory perspective.

    Any tests that are used for selection- and/or decision-making purposes should have the following two characteristics:

    1. They should have been validated for the particular workforce at issue
    2. They should have been validated for the specific jobs at issue

    Thus, if you're going to use a writing test to determine whether candidates for marketing positions are viable candidates, you will need to create and use a writing test that is validated for your company at whatever location the marketing candidates will be based that specifically evaluates writing skills used for marketing positions.

    I have personally found very few situations where companies are using properly validated tests. Conversely, I have seen plenty of examples where a test bought "off-the-shelf" that has been "validated" for use throughout the United States is being used to make decisions. These tests too often have a disparate impact on some protected class.

    If you strongly feel that you want to create a writing test that will evaluate candidates, I'd encourage you to work with a local college or university to specifically develop a test that is specific to your organization and to the positions where the test will be used.

    I recognize this is neither the answer you were seeking, nor is it an answer that everyone will agree with. However, in the current regulatory environment, where tests are coming under increasing scrutiny by regulatory agencies, I would urge great caution in the creation and use of tests. This is especially the case with something like a writing test, where it will be much more difficult to develop a set of objective measures than it might be for something like a welding test.

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.