OFCCP Compliance Solutions for Internet Recruiting

by Local JobNetwork™ Monday, January 23, 2012

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OFCCP Compliance Solutions for Internet Recruiting

Simple and effortless. Not the typical words used to describe complying with OFCCP regulations. Federal contractors and subcontractors look to us for a suite of solutions to meet their OFCCP compliance requirements.
Executive Order 11246
Collection of Demographic Data for Internet Applicants
Data Management/Record Retention related to Internet Applicants

Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Mandatory Job Listing with Local State Employment Offices

Section 503 of the Rehabilitation Act
Accessibility of Online Application Systems

* While we offer enhanced features to assist employers in their compliance efforts, we cannot dispense legal advice on this topic.

Executive Order 11246

What the rule says:

On October 7, 2005, OFCCP published a set of regulations that modified OFCCP applicant record keeping requirements to address challenges presented by the use of the Internet and electronic data technologies in contractors’ recruiting and hiring processes. These regulations were effective on February 6, 2006. The regulations established requirements in regard to the applicant information that must be considered and maintained by contractors and subcontractors. While companies need to keep information on most individuals who are considered for positions, companies need to analyze and maintain specific data on individuals who fall within OFCCP‘s definition of an "Internet applicant".

An individual is not an "Internet applicant" until all four of the following criteria are met.

Number 1 The individual submits an expression of interest in employment through the Internet or related electronic data technologies
Number 2 The employer considers the individual for employment in a particular position
Number 3 The individual’s expression of interest shows that he/she meets the basic qualifications for the position
Number 4 The individual does not remove him/herself from consideration prior to an offer of employment

Why it's important:

OFCCP’s Federal Contractor Selection System (FCSS) is an administratively neutral selection system that uses multiple information sources and analytical procedures to identify federal contractors for evaluation. It is estimated that it will take a company approximately 30 hours to compile the itemized list of requested information for the initial phase of the audit. Monetary settlements can be required of companies found to be in violation of laws and regulations governed by OFCCP.

What we do:

Many of the features on our sites make it easier for you to comply with this rule. You will have a historical record of your hiring searches and information will be easily accessible, saving you time during the evaluation process.

  • Collection of Demographic Data for Internet Applicants
    We provide the tools you need to gather gender, race and ethnicity information from all applicants. The information you will receive is the type of information you may need if your company is going through an OFCCP audit. While you have easy access to these tools, it is your choice if and how to utilize these tools in the recruiting process.

  • Data Management/Record Retention related to Internet Applicants
    We help you record and retain the following data from candidate database searches:
    • Position for which the search of the database was made
    • Date of the search
    • Search criteria used
    • Number of search results that met the basic qualifications of the position
    • Resumes of any job seekers whose resume was viewed

Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)

What the rule says:

Federal contractors and subcontractors are to take affirmative action to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. In support of this goal, OFCCP regulations require federal contractors and subcontractors to list their open job positions with the appropriate state agencies that handle job openings.

This requirement is part of OFCCP’s regulations that are meant to help certain classes of veterans. Final regulations were published on August 8, 2007, that changed the classes of veterans covered by OFCCP’s regulations and modified the mandatory job listing provision.

Prior to the implementation of these regulations, many companies used the Department of Labor’s America’s Job Bank (AJB) rather than the relevant state agency to satisfy their job listing requirements. AJB ceased operations on July 1, 2007. Now contractors and subcontractors must directly use the appropriate state agency. The final rule permits covered contractors to satisfy the mandatory job listing requirement by listing with the appropriate state workforce agency job bank or local employment delivery system in the state where the job opening occurs. Many state workforce agency job banks accept job postings via the Internet. Companies may use third parties, such as private or non-profit sector job banks, Internet gateway and portal sites, and recruiting services and directories to assist them with the transmission of job listings.

Employment openings subject to the mandatory job listing provision include all positions except (1) executive and top management positions, (2) positions that will be filled from within the contractor’s organization, and (3) positions lasting three days or less. Listing with the appropriate employment service delivery system must be done concurrently with a contractor’s use of any other recruitment source or effort.

Why it's important:

OFCCP routinely asks for information about your open job positions during compliance audits and may require proof of your adherence to the mandatory job listing provision.

What we do:

All jobs that are posted on any of our sites by an employer identified in our system as a federal contractor or subcontractor are automatically delivered to the appropriate state agency. We do this in one of two ways.

Mandatory Job Listing with Local State Employment Offices
Number 1 Cross-Posting: With this premium service, your jobs are automatically listed on the state’s job bank for participating states in which you have been registered with the state job bank. The job posting reference number from the state job bank web site is saved for reporting purposes.
Number 2 Email: In the event your jobs cannot be cross-posted, they are emailed to the appropriate state workforce agency for participating states. The email requests your job be listed appropriately within the delivery system. The name of the agency that the individual email was delivered to with a link to view a copy of the email that was sent is retained for reporting requirements.

Furthermore, we work with numerous Community Partners represented by veterans organizations, diversity organizations, and universities as well as professional/technical organizations. If appropriate, your job postings, will also be included in the daily JobCast™ emails to be shared with the constituencies of these organizations.

Section 503 of the Rehabilitation Act

What the rule says:

In response to changing technologies, many contractors have moved towards using an online job application system as their primary, if not exclusive, method for accepting applications for employment. While some of these systems may be accessible to individuals with disabilities, others may be completely inaccessible or partially accessible due to technological limitations. Irrespective of the level of accessibility of the online application system, federal contractors and subcontractors must ensure that qualified individuals with disabilities and disabled veterans have an equal opportunity for employment.

Why it's important:

As of July 10, 2008, all OFCCP compliance audits now include a review of the contractor’s online job application systems to ensure that the contractor is providing equal opportunity to qualified individuals with disabilities and disabled veterans. The review includes whether the contractor is providing reasonable accommodation, when requested, unless such accommodation would cause an undue hardship. In this directive, the term "online system" includes, but is not limited to, all electronic or web-based systems that the contractor uses in all of its personnel activities.

What we do:

Our job application web site has always been designed with the goal of a clean, consistent, and flexible architecture. We routinely evaluate and improve our web site in order to provide an easy, helpful, and productive experience for all job seekers including those with disabilities. Internet accessibility means that people with disabilities can perceive, understand, navigate, and interact with the Internet. Our web site is designed with careful consideration so that several different components of Internet development work together in order for the web site to be accessible to people with disabilities.

Accessibility of Online Application Systems

With respect to OFCCP, we have specifically addressed the following criteria:

  • Our site can be navigated with a screen reader
  • Our site does not time out after a period of inactivity
  • All images on our site have accompanying text descriptions
  • Our site can be accessed without using a mouse

Our Accessibility statement is quickly and easily found on any web page. This statement provides job seekers with the specific design components utilized within our web site and information on how they can customize their web browsers in order to fit their unique needs.

Contact Us to Learn More

To learn more about how we can make OFCCP compliance easy for you, speak with one of our experienced Account Executives. They would be happy to provide you with a demonstration of the tools in action.