Invitation for Self Identification
In the recruiting process, OFCCP stresses the importance of self-identification. Since current practice shows that it is very difficult to identify a veteran protected by Section 4212, the NPRM proposes that contractors invite veterans to self-identify in the pre- and post offer of employment. The current regulation requires the contractor to invite applicants, who are protected veterans to self-identify only after making an offer of employment. The proposed regulations make significant and substantive changes to the contractor's responsibilities and the process through which applicants are invited to self-identify. They include self-identifications during pre-offer period and post-offer period. These changes are proposed in order to collect enhanced data pertaining to protected veterans, which will allow the contractor and OFCCP to identify and monitor the contractor's employment practices with respect to protected veterans.
Independent of how the pre-offer is reached (through an internal recruiting department or through an outside provider), the new NPRM states that “for any contractor who utilizes a privately-run job service or exchange to comply with its mandatory listing obligation, the information must be provided to the appropriate employment service in the manner that the employment service requires.” That means that even if the contractor is using recruiting services of outside companies, the self-identification at all stages of the hiring process should be maintained.
Another addition to the regulation is to require the contractor to maintain records, on an annual basis, of the total number of referrals it receives from state employment services, the number of priority referrals of protected veterans it receives, and the ratio of protected veteran referrals to total referrals.
Affirmative Action Programs (AAP)
Special new proposals refer to the AAP’ availability and general knowledge of EO on all levels of the contractors’ companies. The new regulations demand that a “contractor must make its affirmative action programs available to employees for inspection, which includes that the location and hours during which the program may be obtained. The proposed regulation adds a sentence at the end of this section requiring that, in instances where the contractor has employees who do not work at the contractor's physical establishment, the contractor shall inform these employees about the availability of the affirmative action program by means other than a posting at its establishment. This addition is proposed in light of the increased use of telecommuting and other flexible workplace arrangements.
You can find the full text of the NPRM here.
If you want to send in your comments on the NPRM, you can do that following the steps suggested by OFCCP: “You can submit comments on OFCCP’s NPRM either electronically athttp://www.regulations.gov or by mail. The identification number (RIN) for this NPRM is 1250-AA00. If you are mailing or hand delivering comments, send them to Debra Carr, Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, Room C-3325,200 Constitution Avenue, N.W., Washington D.C. 20210. Indicate RIN number 1250-AA00.”
For further information, please contact Optimum Human Resource Systems Affirmative Action specialist, Dick Warren.
