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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  • Asked by Jennifer B. - Jun 12, 2019
    We provide the disability self-identification form to all new hires via our HRIS. So far, every new employee has completed it - whether they answered yes, no or prefer not to answer. In the future, if someone does not complete it, do we need to keep following up with them until they complete it? Or is it enough that we can show we asked them to complete it and they declined?

    Further, when we send the communication to resurvey every 5 years, can I assume we do not need to collect a new form from each employee? We are just giving them the option to complete a new one if they wish?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jun 13, 2019
    Hi Jennifer,

    As you are probably aware, the regulations emphasize that contractors may not compel or coerce individuals to self-identify, and that contractors must keep all self-identification information confidential. However, the regulations are silent on whether a company can require a self-identification form to be returned. The language on the required form written by OFCCP reads, "Completing this...

  • Asked by Anonymous - Jun 07, 2019
    I understand that the OFCCP has not specified the language contractors must use when soliciting race and gender information, but employers must notify employees and applicants that providing the information is voluntary, refusal to provide it will not subject them to negative employment consequences and that the information will be kept separate from their applicant/employee file. Can someone point me to the specific section of the regulations that addresses this requirement.
    Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice - Jun 12, 2019
    The Office of Federal Contractor Compliance Programs (OFCCP) requires federal contractors to “identify the gender, race, and ethnicity of each employee” (41 CFR 60-1.12(c)). To clarify the regulations, OFCCP developed a Frequently Asked Question (FAQ) on the topic:

    What is the correct procedure for a contractor to obtain the ethnic information of its employees and applicants?
    OFCCP regulations...
    Answered by Alissa Horvitz from Roffman Horvitz, PLC - Jun 13, 2019
    The command originated from the EEOC’s EEO-1 instruction booklet. The current set of instructions in the EEO-1 Instruction Booklet regarding self-identification reads:

    Self-identification is the preferred method of identifying the race and ethnic information necessary for the EEO-1 report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 report.
    As to the method of collecting data, the basic principles for ethnic and racial self-identification for purposes of the EEO-1 report are:

    (1) Offer employees the opportunity to self-identify
    (2) Provide a statement about the voluntary nature of this...

  • Asked by Anonymous - May 31, 2019
    We are trying to use a module in our applicant tracking system to solicit and collect post-offer responses (race/gender/vets/disability). The form is tied to the person's record. If someone were to leave and then be rehired, that means the form that is given to them will retain their responses from the first time they were hired. They would have the ability to change the response though, and must re-acknowledge it.

    Is it ok to "reuse" the form like this, or do the regulation require that we provide them with a blank form?
    Answered by Bill Osterndorf from HR Analytical Services - Jun 05, 2019
    The simple answer here is that you should be able to reuse the form in the way you've described.

    The "surveying" obligation under the federal affirmative action regulations is to provide applicants and employees an opportunity to self-identify their race/ethnicity, sex, protected veteran status, and disability status. Applicants and employees are not required under the regulations to provide this information,...

  • Asked by Moni P. - May 08, 2019
    We recently had a request from a certain minority group to provide the number of employees we employ of a certain ethnic background in certain positions with in our organization.

    I understand that we are required to make available for inspection the AAPs for IWDs and Protected Vets for applicants and employees? I don't see anywhere in the regulations that says it is for the public or to disclose ethnicity of a certain job group?

    Can you give us some guidance or best practice?
    Answered by Bill Osterndorf from HR Analytical Services - May 09, 2019
    It is accurate that if you are covered by the affirmative action law for individuals with disabilities, you must make all parts of that AAP except the data components available for review to applicants or employees. It is also accurate that if you are covered by the affirmative action law for protected veterans, you must make all parts of that AAP except the data components available for review to applicants and employees....

  • Asked by Anonymous - Apr 25, 2019

    Are we required to post our contingent positions with the local ESDS? We often bid on work in states where we do not currently have ESDS accounts or employees currently working. Do we need to post in those states for VEVRAA compliance even though we may not win the work and fill the position?

    Thank you!
    Answered by Roselle Rogers from Local JobNetwork™ - May 06, 2019
    §60-300.5 Section 2 of the Equal opportunity clause, which sets forth the mandatory job listing obligation for federal contractors states that “The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, with the appropriate employment service delivery system where the opening occurs.”...

  • Asked by Rachel D. - Apr 24, 2019
    Do you have any advice to provide when selecting interview evaluation questions? The hiring manager will be required to answer these questions for all applicants following each interview and ultimately will show how they got to their hiring decision for example:

    Did applicant demonstrate required skills for the position: Yes/No
    Is the applicant a good fit for the team: Yes/No
    Does applicant values/goals align with company values/goals: Yes/No
    Move forward: Yes/No

    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Apr 24, 2019
    Thank you for posting additional information. From an objective perspective, the only relevant question is the first one. If the applicant does not possess the required skills, then the company should not move forward. If it moves forward with an applicant that does not have the required skills, then those skills are not required for the job and should not be part of the screening...

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