If your organization is subject to the requirements of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA), then you must comply with OFCCP’s job posting requirements. OFCCP has modified these mandatory job listing obligations in their new regulations. This article will help you ensure job listing compliance.
Let’s start by reviewing the basic posting requirement. Under VEVRAA, Federal contractors are required to post “all employment openings” with the appropriate Employment Service Delivery Systems (ESDS) where the job opening occurs. In this context, “all employment openings” means all job openings with three exceptions:
- Executive and senior management
- Positions filled internally
- Positions lasting three days or less
“Executive and senior management” is defined by OFCCP’s regulations as jobs meeting the executive exemption under the Fair Labor Standards Act. Internally filled positions are exempt from the job listing requirement as long as your organization is ONLY looking internally to fill the position. Once a job is opened to external candidates, it should be posted with the ESDS.
The new regulations require that covered contractors must post openings in the “manner and format permitted” by the ESDS. If the ESDS requires the completion of a web form – then you must post jobs using that process. If they allow faxes or email, then those methods would be compliant as well. Keeping copies or screenshots of postings that were made is a best practice. OFCCP will expect documentation of job listing compliance during a compliance review.
The new VEVRAA regulations require covered contractors to provide additional information to each ESDS where they post jobs. This information includes:
- Notification of your company’s status as a federal contractor. You could meet this requirement by stating “VEVRAA Federal Contractor” on your job postings.
- A statement of your desire for priority referrals of protected veterans.
- The name and location of each hiring location within the state.
- Contact information for the official responsible for hiring at each location.
- Contact information for any external job search organizations used by the company.
This information only needs to be submitted with first posting in each state or when the information changes. If any of the information changes, the next posting should contain the updated details.
The hiring official can be a chief hiring official, a Human Resources contact, a senior management contact, or any other manager that can verify the information in the job listing. If your company uses any job search organizations, such as temporary agencies, it must also provide contact information for that organization. OFCCP has refused to define exactly what an “external job search organization” is. They have, however, commented that they intend for the term to be construed as broadly as possible. Their discussion of the term says, “’external job search organization includes any entity not wholly owned and operated by the contractor that assists with its hiring.”
OFCCP says that these changes were included at the request of numerous ESDSs since there is no centralized way for them to know which companies are federal contractors or who to contact with questions about postings.
Third Party Services
An entire industry has sprung up around fulfilling these job posting requirements. OFCCP’s regulations have been updated to account for the use of these private, 3rd party job listing services. Use of such services will be considered satisfactory as long as the 3rd party service is posting in a “manner and format permitted by the ESDS.” If you use a 3rd party service, you should ensure that your agreement contains such a requirement.
Compliance with the job listing requirements are ultimately the responsibility of the Federal contractor, not the third party. If your company uses a 3rd party job listing service, it is in your best interest to ensure they are meeting this obligation for you. The best way to do this is to perform an audit or spot check of current listings. If you can verify that the postings sent to the 3rd party are making it to the ESDS’ final job board, then you should be in good shape. Searching the ESDS website for your company’s name is a good way to start this process.
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