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OFCCP: Ask the Experts
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.
No. The regulations at 41 CFR 60-1.12(c) states "where possible" the contractor must be able to identify gender (see below). Additionally, OFCCP Directive 283 says a contractor "may" use visual observation for race, but it is not required (see below):
41 CFR 60-1.12 (c) Contractor identification of record. (1) For any record the contractor maintains pursuant to this section, the contractor must be able to identify:
I sent out our vendor letters in compliance with OFCCP to all our subcontractors, suppliers and vendors. I got a call back from a Canadian supplier who says it does not apply to them because although he is a US government contractor, there is no AA requirement in Canada. I got a response back from another Canadian supplier with answers to the questions. Should I be sending the letter to suppliers outside of the US? Do they need to comply with the items outlined?
First, what is the OFCCP regulatory requirement to send out letters, and to whom? Second, does the OFCCP’s jurisdiction extend to companies outside the United States? Third, why might some Canadian suppliers choose to respond?
First: The OFCCP’s Regulatory Requirement
In both the veteran and disability regulatory requirements, there is a mandatory obligation to engage in external-facing tasks, specifically: external dissemination of policy, outreach and positive recruitment. The legal citation for this obligation is found at 41 C.F.R. Section 60-300.44(f)(1)(ii)(veteran regulations), or 41 C.F.R. Section 60-741.44(f)(1)(ii)(disability regulations).
We are considering use of an external resume database for some of our positions. Job seekers would then be invited to apply to the position through our website.
If a search returns 30 job seekers (which are all considered by assessment of their resume and all meet the basic qualifications of the job), I understand that all of those resumes must be retained. However, are we required to also invite all 30 job seekers to apply? Or may we be selective in who receives an invitation? Could we also choose to not invite any of them?
We are looking to do an in person hiring event and our leaders would like to do on the spot offers/letters on intent to hire at this event. While we encourage everyone to complete an online application, we are opening this event up so I imagine we'll have interested candidates show that may not have an application on file.
Can you offer any guidance on the best way to handle this type of event? Or any resources that may help? Or is it ok to have a contingency letter drafted saying we are interested and want to move forward with you if you meet all the outlined qualifications...
The simple answer to your question is this: you should always make candidates follow your standard process for expressing interest. If you generally require that candidates complete an online application, then you should ask candidates who are at your hiring event to complete the online application.
It's not clear from your post above why you are doing "an in person hiring event," and why this would necessitate making immediate offers to candidates. There certainly are circumstances in which companies want and need to make immediate hires. For example, if you have a huge new order for products or services that requires you to immediately add employees, an in person hiring event may make sense. However, if your company's standard hiring...
We frequently post positions to engage candidates for future opportunities associated with bid and proposal activities. These positions could be located all across the United States. Is it necessary to add a new ESDS location/state each time you post a position that is not yet a live job opening?
If these bids were won, the opportunities would become official job openings working in the state the position would be advertised in.
In regards to notifying our subcontractors of our status as a federal contractor under the AAP this is a snippet of what I sent out to them:
"Our records indicate that you have provided goods and/or services to us according to established regulation thresholds under Section 503 of the Rehabilitation Act, as amended and the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA), as amended. Therefore, please be advised that your organization must also comply with the rules and provisions as specified by the US Department of Labor, Office of Federal Contract Compliance programs at CFR, Title 41, and Part 60-300 and 60-741.
We appreciate your support of our commitment to equal employment opportunity and request appropriate action on your part."
What exactly are their responsibilities? What "appropriate action" do they need to take?
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