OFCCP compliance can be a sticky topic. While most federal contractors do their best to be inclusive and provide equal employment opportunity for all, many have difficulty navigating the complex and everchanging laws they’re required to follow. In recent years, compliance has become even more complicated with the rise of online job boards and applicant tracking systems (ATS).
If you’re confused about OFCCP compliance, you’re certainly not alone. We’ve answered some key questions to help you better understand OFCCP and how your company may be affected:
What is OFCCP?
The OFCCP (Office of Federal Contract Compliance Programs) is an agency within the US Department of Labor that prevents federal contractors and subcontractors (generally called federal contractors) from using discriminatory employment practices.
To ensure federal contractors are meeting legal requirements, the OFCCP conducts compliance evaluations and complaint investigations that audit all facets of the employment process – sourcing, hiring, firing, promoting, transferring, laying off, and compensating. The employment process is complex as are the laws set forth to prevent discrimination and promote equal employment opportunity, so the OFCCP also provides assistance and resources to help employers understand and meet the requirements.
What laws does OFCCP enforce?
The OFCCP enforces three main laws:
Do I need to comply with OFCCP requirements?
The OFCCP enforces requirements for those who do business with the federal government – federal contractors and subcontractors.
Unless specifically exempted, most federal contractors who have contracts of more than $10,000 are required to meet basic nondiscrimination and equal employment opportunity requirements. However, depending on the number of employees and the dollar amount of the federal contract, some employers may have to develop one or more written affirmative action programs (AAPs):
What is required under the Internet Applicant rule?
The Internet Applicant rule is a key component to OFCCP compliance, especially since many federal contractors now use online job boards or databases to source candidates. The Internet Applicant rule sets forth requirements for recordkeeping and solicitation of demographic information for all applicants who expressed interest for a position online, met the basic qualifications for the position, and were considered for the position by the contractor.
For candidate searches online, employers must:
Visit the official OFCCP website for more information, resources, and latest updates.
To support your OFCCP compliance efforts, iHire offers a free voluntary self-identification form that can be added to your job’s application process. To learn more, visit our Job Ad Solutions page or contact one of our Account Managers at 877-433-8860.