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Maintaining Compliance With OFCCP When Posting Jobs

The Office of Federal Contract Compliance Programs (OFCCP) is a division of the US Department of Labor set up to ensure fair and equitable Federal hiring practices.

If you’re a contractor interested in OFCCP job posting, you should keep certain compliance requirements in mind. Not adhering to the OFCCP can lead to severe penalties (in 2017, Federal contractors were fined $23,910,884 for OFCCP non-compliance) and a loss of company reputation at the Federal Government.

So, how can you ensure that your job postings are in-line with OFCCP rules?

  1. Make your hiring process compliant with the Internet Applicant Ruling

According to the Internet Applicant Ruling, Federal contractors must give all applicants who’ve applied for a job on the internet a fair and equal opportunity.

Contractors must conform with the Uniform Guidelines on Employee Selection Procedures and ensure that they subject the same tests, interviews, and processes to all applicants while also making the entire process hassle-free.

  1. Give applicants access to all types of employment forms

The OFCCP enforces three laws –

  • Executive Order (E.O.) 11246 – which assures equal employment opportunities for all people irrespective of their age, gender, race, and sexual orientation.
  • Section 503 of the Rehabilitation Act – that opens Federal jobs to people with all types of disabilities.
  • Vietnam Era Veterans’ Readjustment Assistance Act – which prohibits contractors from discriminating against certain groups of war veterans.

So, when posting jobs, make sure you provide all the relevant forms that applicants can use to disclose their personal and professional information.

  1. Make your job descriptions EEOC-compliant

The Equal Employment Opportunity Commission (EEOC) guarantees all American citizens equal opportunities to the job, irrespective of their age, gender, orientation, disability, race, profession, etc.

OFCCP-compliant posts are ones that are also EEOC-compliant. One way to ensure you meet both regulations is to specify how your job is inclusive and grants equal opportunities to all applicants.

  1. Record everything and keep backups

Transparency and traceability are essential to the OFCCP, so keep track of every stage of the hiring process. Right from records of JDs and a list of your employment test and interview questions to copies of transcripts and references that applicants provided – everything must be recorded and backed-up in a remote server.

You must also record your hiring practices, which act as proof that your company isn’t discriminatory and gave all applicants a fair chance to apply for the job.

  1. Provide a detailed Affirmative Action Plan in your job posting

The Affirmative Action Plan essentially provides a step-by-step account of how you intend to be inclusive in your hiring practice. The OFCCP expects an action plan that shows how Federal contractors will recruit, hire, train, and promote underrepresented communities, like ethnic minorities, veterans, women, disabled applicants, HIV-diagnosed patients, and so on.

  1. Post the jobs on sites that champion inclusivity

Finally, the OFCCP likes to see all EEO claims and promises by Federal contractors bear fruit. So, instead of just posting the job on traditional job boards and employment websites, you should also upload the vacancy on sites that have been designed specifically for minority groups, such as Hire Veterans and the NCAI.

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