Understanding Mandatory Job Listing Requirements
As is the case with any OFCCP compliance strategy, you should review and understand the compliance laws that federal contractors and subcontractors need to meet to minimize discrimination and make jobs available to all qualified individuals with disabilities and protected veterans, and comply with nondiscriminatory hiring practices. It’s vital to understand the mandatory job listing and the subsequent OFCCP reporting requirements, as federal contractors need to be even more prepared in proving that they are actively working with state career sites, posting jobs and keeping records of applicants relative to minority or veteran status.
Each state has its own unique career site, methods of accepting job postings and record keeping data requirements, so working with a one–stop job portal can be most effective. And relying on expertise in OFCCP compliance can take some of that burden off the shoulders of federal contractors so that they can concentrate on other affirmative action plans.
OFCCP job listing requirements mandate that a contractor that has a contract over $100K (60-300) or 50K (60-250) must comply with mandatory job listing requirements. All jobs are to be distributed and made available to all qualified individuals, except for: (1) Executive positions (2) positions lasting 3 days or less (3) positions filled internally. To ensure that job listing requirements are met, job posting should be sent to a wide variety of locations, including OneStop centers, Veteran’s representatives, Community Based Organizations, Educational Institutions and departments of Vocational Rehabilitation. Additionally, America’s Job Exchange sends its job postings to diversity network, such as DiversityJobs.com, DisabilityJobs.net, AllVeteransJobs.com, and others.
If you are looking to embark on a job posting strategy, below are some key data points the OFCCP experts at America’s Job Exchange say to keep in mind to help streamline the process of posting jobs on state career sites.
Be sure to have and provide your Employer Identification Number (FEIN). Also known as a Federal Tax Identification Number, your FEIN is used to identify your business entity. When your company is required to list job opportunities in many states, the FEIN may be required as part of the registration process.
Other possible forms of information states may require include unemployment insurance ID for the state, information regarding the specific salary of the opening posted, the name of the hiring manager responsible for filling the open position, and the physical location or address where the opening is offered. Keep this in mind as you prepare your job postings.
A notice of proposed rulemaking (NPRM) released earlier this year specifically suggests, "contractors inform state employment services of their status as a Federal contractor, request priority referrals of protected veterans for job openings at each location in the state, and provide the contact information for the hiring official at each location in the state." While these new rules are not in place yet, it’s only a matter of time.
Job postings without the aforementioned information run the risk of being rejected by the state, thus delaying the communication of the opening. (States do no typically publish this information to job seekers, but do want the information for internal follow up and record keeping).
There are a handful of states that require the employer set up the initial account with the state career site. A number of states are also being very particular regarding the information they expect to see in each and every posting. Again, working with experts who understand the OFCCP compliance process is best.
For more information on OFCCP compliance, or to list job posting on our job exchange, visit our OFCCP compliance site.