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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.
I am interested in knowing what guidelines we should be following in posting contingent/future positions. For example, we are often asked to post multiple positions for a proposal effort which we may or may not be awarded - how should that be communicated in the job description/posting, and are there any other considerations in regard to remaining compliant? We are a federal contractor. In the past, we have used, "in anticipation of contract award", or something similar. Is this sufficient? Our positions automatically post to the appropriate ESDSs. Thank you very much!
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Mar 05, 2018
I hope I'm understanding your issue. It sounds like the situation is, the company is posting a position based on a bid. If the bid is awarded, then the hire is expected to be made and if the award is not won, then there will be no hire. There are no guidelines regarding this specific situation in the laws and regulations enforced by OFCCP. There is no specific language required for contingent positions. Of course, all of the posting and advertising rules still apply.
Asked by Bridgitt L. - Jan 31, 2018
Hello, Does the OFCCP or other entity require specific naming conventions when it comes to race or ethnicity in our HCM/people management system? We are curious to know what is recommended or required when it comes to names.
OFCCP doesn't have specific naming conventions in its regulations regarding race and ethnicity that federal contractors and subcontractors are required to use. However, OFCCP uses the following terms in its regulations in regard to race and ethnicity and expect employers to collect demographic data according to these categories:
Blacks Hispanics Asians/Pacific Islanders American Indians/Alaskan Natives Whites
Note that unlike EEOC, OFCCP's regulations do NOT have a separate category for Hawaiian Natives/Pacific Islanders and do NOT have a category for persons who are two or more races. OFCCP issued a directive in 2008 that allows federal contractors and subcontractors to collect demographic data and prepare statistical reports using EEOC's race and ethnicity classifications, but OFCCP has never formally changed its regulations to match EEOC's classifications.
From our experience, OFCCP has not had a problem when federal contractors or subcontractors use naming conventions for the categories above that appropriately represent the category. Thus, it should not be a problem to have an HR system that refers to "African Americans" rather than "Blacks" or that refers to "Native Americans" rather than "American Indians/Alaskan Natives."
Where OFCCP might have a problem is if your system creates new or different categories than the five categories used by OFCCP or the seven categories used by EEOC. For example, if your system has a category for Asians from the Indian Subcontinent, a separate category for Asian for the the Eastern part of Asian, and a third category for Hawaiian Natives/Pacific Islanders, OFCCP might have a problem as it recognizes these first two categories as members of one class for reporting purposes. As another example, if your system has a category for Asians from the Middle East who are counted as minorities in various reports, OFCCP might have a problem since Asians from the Middle East are typically counted as white.
Thus, the naming conventions you use are less important than have categories that conform to OFCCP's expectations.
Asked by Kimberly W. - Jan 30, 2018
Hello, is there a way to export a list of diversity organizations to an excel file?
LocalJobNetwork.com partners with over 15,000 community-based organizations nationwide. While there is not a way for employers to export the entire list of organizations, employers who are using LocalJobNetwork.com's solutions are able to run a Community and Diversity Outreach Report and export this to Excel. This report would be more relevant as it will list the organizations that the employer's jobs were sent out to, as well as the contact information for these organizations, giving employers the ability to follow up with them individually. If you need assistance in generating these reports, please give us a call and we'd be happy to assist you.
Asked by Anonymous - Jan 11, 2018
Is it standard practice to list the contact number for the executive who administers the affirmative action program? We have it listed, but is it a requirement?
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jan 11, 2018
It is not required to have phone number listed in the AAP for the individual that administers the plan. There are pros and cons regarding whether to include or exclude a contact number. For example, some companies want to direct any questions about the AAP, including questions from the OFCCP, to a particular person who can best answer questions. Others may not want to provide any more information than is required.
Asked by Anonymous - Jan 09, 2018
Can we post "fake" jobs for market research purposes?
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jan 10, 2018
There is nothing in the regulations that the OFCCP enforces that would prohibit a company from posting a job with no intent to hire. However, there could certainly be other laws or regulations that impact such a situation.
Excluding EEs & Effect on Establishment Size
Asked by Anonymous - Jan 09, 2018
When employees are excluded from one AAP to another, does the establishment's size change? For example:
100 employees are located at Location A.
52 employees are located at Location B. 5 employees report to managers at Location A and are excluded to that plan.
Do the exclusions effectively reduce the size of Location B to 47 employees? Can both locations be rolled up into a single AAP or are separate AAPs required?
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jan 09, 2018
The regulations do not require a certain number of employees or a certain distance between locations for AAPs. The plans are done by "establishment," but this word is not defined in the regulations. In your example, assuming that all of the employees work for the same company, it really depends on a number of factors whether you would want one or more plans. It depends on the demographics, location, types of jobs and perhaps some strategic factors. Because less than 50 employees are at another location does not mean that these employees are not included in a plan. A company can have an AAP with less than 50 employees at a certain location. Hope this helps, Lisa
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