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OFCCP: Ask the Experts
OFCCP Ask the Experts
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
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.
We are a federal government contractor and there are times we engage staffing companies to recruit on our behalf. When asking a 3rd party agency to recruit for an open requisition exclusively, which also means we are NOT actively recruiting for roles we pass to them. When we hire the candidate they presented, what do we need to do from a reporting standpoint?
They were given the responsibility to recruit and fill the requirement. No company recruiter working on those requirements. Hiring decision made on their candidate. We hire and onboard that candidate.
What is our responsibility from a compliance reporting standpoint?
We are considering acquiring a company in Ontario, Canada. Does Canadian or Provincial law require the use of EEO type taglines or other mandatory information when posting job opportunities? To my knowledge, the targeted firm does not engage in any contract work with either Provincial or Federal governments. Thanks.
I do not believe that Ontario requires a tagline. I have found its Human Rights Commission website to be helpful in the past. http://www.ohrc.on.ca/en/iv-human-rights-issues-all-stages-employment/3-advertising
I am not familiar with requirements of other Provinces or Canadian law.
FQHC Posting Requirements
Asked by Dayna S. - Nov 21, 2017
My organization is an FQHC (Federally Qualified Health Center). Are we required to comply with OFCCP?
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Nov 22, 2017
Jurisdiction is often tricky both for contractors and the agency. Being an FQHC doesn’t necessarily make a company required to comply with the laws enforced by OFCCP, but it doesn’t mean that the company is not a federal contractor either. Likely, a little more research needs to be done based on the facts of your situation.
Timeframe for Data Analysis
Asked by Anonymous - Nov 20, 2017
Last year was the first year we were required to develop an AAP and the dates we published were Jan 1, 2017 - Dec 31, 2017. It is my understanding that the analysis of data should be based on a snapshot of a specific date. Does that date have to fall within that year? Or is it the last day of the year and if it's the last day of 12/31/17, what date am I required to publish the 2018 AAP with the data analysis?
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Nov 20, 2017
The Hires, Applicants, Promotions, and Terminations should be dated beginning (and including) the full year. In your case January 1, 2017 through December 31, 2017. The employee snapshot should be dated December 31, 2017. Best practice in this case is to prepare the plan as soon as reasonably possible after the first of the year. The regulations state that the AAPs must be updated annually. If audited, the company will be required to submit the plan and accompanying data within 30 days, so the plan should be in place before thirty days, of course.
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