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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.
David's answer is spot on. But I infer from your question that you see people in these circumstances (i.e., failing drug tests and background checks) as somehow different than other applicants whose records you presumably are retaining with no question. So, I'd like to chime in a little on WHY you need/want records for these applicants and why the OFCCP demands their retention.
If these job seekers otherwise meet the definition of an "Internet Applicant", only the persons who are "no shows" for the drug screen might be argued to have withdrawn and therefore not be an "applicant". HOWEVER, drug tests are NOT "tests" within the meaning of the Uniform Guidelines on Employee Selection Procedures or the mandatory selection analysis (also known...
We are expecting a contract that will have task orders issued in different regions across the US (Virginia, Ohio, Texas, Colorado, Maryland, Washington DC and Illinois) and we would like to build a pipeline of candidates for the possible positions coming in the future, all position listed as contingent. We have presence in all these states. There are a total of 40 possible openings the majority of them with Secret Clearance as requirement. Are we able to post one job per job title and state that we are accepting applications and that the work could be in multiple states (listing out the states) or do we need to do an opening per job per location? Thanks for your help.
In other words, the candidate is "over" qualified. This would be the perfect code for our needs, but is it advisable to use? I saw this as an example from another company, but thought it sounded discriminatory? Please advise. Thank you.
The use of disposition codes help you document the reason why an applicant fell out of consideration for the position. They should help you justify your selection decision if you have to defend it. Employers need to be careful about using disposition codes that may disproportionately exclude certain individuals. You are much better off...
OFCCP’s Internet Applicant Recordkeeping Rule requires federal contractors to save certain records when they conduct resume database searches, whether it is an internal or external database.
When searching within your applicant tracking system or internal resume database, the records you need to keep are as follows:
• A record of each resume added to the database • A record of the date each resume was added to the database • 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 any key words used...
When using agencies for temporary roles, what are our requirements in terms for the contract with the agency (what language should we have listed in the contract)? What are the things we need to ensure they are doing/documenting?
If your company is a prime federal contractor, you are required under the regulations (§60-1.4 Equal Opportunity Clause) to include in all of your subcontracts and purchase orders, unless exempted, the provisions stated in paragraphs (1) through (8) such that these...
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