• OFCCP stands for the Office of Federal Contract Compliance Programs. It is is part of the U.S. Department of Labor's Employment Standards Administration. OFCCP is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination and affirmative action in employment. This small organization wields substantial clout because almost every company has a contract with a company that is a US federal contractor. Many regulations that apply to the contractor are applied equally to their suppliers and subcontractors.
   
• OFCCP regulations cover a very broad range of circumstances in the hiring and employment processes. The table of contents to their Employment Law Guide should give you some insight into the range and depth of OFCCP standards. OFCCP Compliance involves all of these standards.
   
• "The Executive Order and the regulations require covered contractors and subcontractors to refrain from discrimination and take affirmative steps to ensure that applicants and employees receive equal employment opportunity regardless of race, color, religion, sex, and/or national origin."  The Order requires all covered contractors and subcontractors to include a specific equal opportunity clause in each of their nonexempt contracts and subcontracts. The Order and the regulations provide the required language for this clause."
   
• Most HR Departments think about Internet Applicant Record Keeping when they think about OFCCP and job boards. In fact, OFCCP regulations cover a broad array of discrimination and employment issues as well as health and safety.
   
• The requirement to use America's Job Bank is found in section 4212 and satisfies the requirement to take affirmative steps to employ Military veterans. There is a new regulation being prepared in this area. Until OFCCP's regulation is finalized, all contractors may continue to list their employment openings with either America's Job Bank or their local employment service office.

The OFCCP website is very well organized, simple and easy to understand. It is a good starting point for anyone who has responsibility for solving OFCCP compliance issues in the hiring process.

The rest of this article offers relevant material from various documents at the OFCCP website.

Here's the relevant language from the regulations concerning job posting requirements:

• "Under Section 503 and its implementing regulations, covered employers with federal contracts or subcontracts must take affirmative steps to employ qualified individuals with disabilities. This obligation covers the full range of employment and personnel practices, such as recruitment, hiring, rates of pay, upgrading, and selection for training. All covered contractors and subcontractors must also include a specific equal opportunity clause in each of their nonexempt contacts and subcontracts. The regulations provide the required language for this clause."
   
• "The Executive Order and the regulations require covered contractors and subcontractors to refrain from discrimination and take affirmative steps to ensure that applicants and employees receive equal employment opportunity regardless of race, color, religion, sex, and/or national origin."  The Order requires all covered contractors and subcontractors to include a specific equal opportunity clause in each of their nonexempt contracts and subcontracts. The Order and the regulations provide the required language for this clause."

Here is a very key provision:

• Section 4212 requires covered contractors and subcontractors to take affirmative steps to employ qualified disabled veterans, recently separated veterans (3 years), Armed Forces Service Medal veterans, and other protected veterans. Under the JVA, contractors with a federal contract or subcontract of $100,000 or more that was entered into on or after December 1, 2003, are required to list their job openings with an appropriate employment service delivery system. In addition to listing their employment openings with an appropriate employment service delivery system, the JVA provides that contractors may list their employment openings with a one-stop career center, other appropriate service delivery points, or America's Job Bank.. New regulations are needed to implement the changes in the mandatory job-listing requirement, and are currently under development. Until the final regulations implementing the JVA amendments go into effect, contractors may continue to fulfill their job listing requirements by using either their local employment service office or America's Job Bank.

OFCCP's FAQs say:

• What documents are employers required to retain related to the application process?
• Does listing a job with America's Job Bank (AJB) satisfy mandatory listing for veterans?

If you've followed this so far, you have a solid stock of patience. As I finished this article, I sent the OFCCP the following email:

I am in the process of writing a series of articles about OFCCP compliance. In particular, I am looking into the question of America's Job Bank and compliance with section 4212 concerning veterans.

 

It is my understanding (from your FAQ) that posting jobs to the local employment service will satisfy the requirement until the new OFCCP regulation is released.

 

I have two questions:

 

1. When will the new regulation be released (and are review copies in circulation)?

2. Will there be a transition period once the new regulations are clear?

John Sumser © TwoColorHat. All Rights Reserved.
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