The OFCCP Digest Local JobNetwork The OFCCP Digest Cara Crotty, Esq. Debra Milstein Gardner Carmen Couden, Esq. Carla Irwin, Esq.
Happy 2016

Thank you for taking the time recently to complete The OFCCP Digest survey. We are reviewing your thoughtful comments and plan to introduce small changes based on your feedback in upcoming months.

Don’t Let Your Temporary Staffing Become a Permanent Headache
by Cara Crotty, Esq.

Many federal contractors use outside staffing agencies to fulfill the labor demands of their workplaces – whether it is temporary staffing or recruiters for regular employees. While a valid and useful way to staff an organization, this practice can present several challenges for federal contractors who must comply with various...more

Cara Crotty, Esq. Cara Crotty, Esq. is a partner at Constangy, Brooks, Smith & Prophete, LLP who has defended employers in cases involving every aspect of the employment relationship, including claims such as sexual, racial, age, and disability harassment...more

How to Properly Manage Evergreen Jobs to Limit Liability
by Debra Milstein Gardner

Do evergreen job requisitions need to be handled differently than other requisitions? The quick answer is No with the caveat of having a compliant recruiting, applicant tracking and selection process. First, it would be useful to determine if evergreen jobs are really that different from other open positions. To ensure that we are on the same...more

Debra Milstein Gardner Debra Milstein Gardner has over 36 years of experience in the human resources field. In 1990, she founded Workplace Dynamics LLC, a consulting firm specializing in human resources compliance solutions in the areas of affirmative action and...more

Tips for Compliant Interview Processes and Documentation
by Carmen Couden, Esq.

Most federal contractors are aware that they are required to keep records related to the application and hiring process for up to two years after the record is created or the related personnel action (e.g., the filling of the job) occurs. (Contractors with fewer than 150 employees or a contract of less than $150,000 must only retain...more

Carmen Couden, Esq. Carmen N. Couden is senior counsel and a litigation attorney with Foley & Lardner LLP and is a member of the firm’s Labor & Employment Practice and Automotive Industry Team. Ms. Couden represents and counsels employers in all aspects of the...more

What’s New from the OFCCP?
by Carla Irwin, Esq.

Pay Transparency The Office of Federal Contract Compliance Programs (OFCCP) issued a final rule implementing Executive Order 13665 promoting pay transparency, which took effect January 11, 2016. The rule prohibits federal contractors and subcontractors from discriminating against employees and job applicants who inquire about, discuss or disclose compensation information...more

Carla Irwin, Esq. Carla Irwin, Esq. is the President of Carla Irwin & Associates, Inc. that specializes in Affirmative Action strategy, development, implementation, training and audit support for Federal Contractors...more

Ask the Experts is an online forum exclusively available to clients of the Local JobNetwork™ (LJN). Federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. While questions and answers are only available to view within an LJN account,, questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.

Question: Reposting the Same Job

I recently closed a job posting and now the person that I hired has backed out. What is the best way to post the position again - a new requisition or would it be best to open the recently closed requisition?

Answered by Marilynn L. Schuyler from Schuyler Affirmative Action Practice:

The answer depends on what you are trying to achieve. If you want to reconsider some of the candidates in the earlier requisition, there is no need to "re-open" the previous requisition, as you could simply hire someone from the requisition and note the candidate who backed out as a "declined offer." If you do not want to reconsider the candidates in the previous listing, it is probably in your best interest to re-post the position with a new requisition. If time is of the essence, you can re-open the previous requisition and review new candidates.

Your impact ratio analyses will be impacted by the option you select. If you hire someone from the earlier requisition (whether it is re-opened or not), your applicant pool for that position will be the one from which both candidates (the non-starter and the resulting hire) were selected. If, however, you re-post the position with a new requisition (and do not hire anyone from the previous requisition), you can exclude all candidates on the previous requisition, as there was no "successful" hire. Instead, you would only include the candidates on the requisition from which the resulting hire (who does not back out) is selected. Please note that you would only include candidates who meet the definition of an internet candidate in the impact ratio analysis.

New FAQs about VEVRAA Infographic

In August, OFCCP released an infographic to help veterans determine if they are protected under VEVRAA, but it caused confusion because it was interpreted that OFCCP expanded the definition of protected veterans. In two VEVRAA FAQs, OFCCP clarified that an "active duty wartime" veteran who served on active duty in the U.S. military (and was not dishonorably discharged) during a "period of war” includes World War II, the Korean conflict, the Vietnam era, and the Persian Gulf War defined as August 2, 1990 to the present.

Read more DOL Highlights throughout the month for timely updates

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The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.