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 Michelle H. - Aug 21, 2018
    How long do you need to keep records of those applicants that did not show for a drug test or those applicants that failed a drug test and/or background check?
    Answered by David Cohen from DCI Consulting - Aug 21, 2018
    60-1.12 - Any personnel or employment record made or kept by the contractor shall be preserved by the contractor for a period of not less than two years from...
    Answered by Ellen Shong-Bergman from Ellen Shong & Associates - Aug 21, 2018
    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definition of an "Internet Applicant", only the persons who are "no shows" for the drug screen might be argued to have withdrawn and therefore not be an "applicant".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...

  • Asked by Natalia F. - Aug 10, 2018
    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.
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Aug 17, 2018
    Hi Natalia,

    There is no requirement to have jobs listed by location. A company can certainly be within OFCCP regulations if it posts a job which states that the work could be located in multiple states (and...

  • Asked by Anonymous - Aug 09, 2018
    I've found it before but having trouble on the OFCCP site finding the REG that shows the requirement to post jobs for a minimum of two weeks. Can some send me the link to that verbiage?
    Answered by David Cohen from DCI Consulting - Aug 09, 2018
    Here is a link to the regulation that requires the job listing but there is no requirement...

  • Asked by Donna R. - Aug 02, 2018
    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.
    Answered by Roselle Rogers from Local JobNetwork™ - Aug 10, 2018
    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...

  • Asked by Anonymous - Jul 31, 2018
    As federal contractors, are we required to disposition the candidates we review in a resume database?
    Answered by Roselle Rogers from Local JobNetwork™ - Aug 10, 2018
    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...

  • Asked by Jennifer L. - Jul 24, 2018
    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?

    Answered by Roselle Rogers from Local JobNetwork™ - Aug 10, 2018
    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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