This information is in regards to the recent OFCCP ruling and companies who are government contractors/subcontractors who have to comply with Executive Order 11246.
BostonWorks will be releasing new tools to help employers in their efforts to comply with the OFCCP's Internet Applicant record keeping rules of the federal employment laws on Thursday, May 4, 2006. The new tools will allow employers to identify themselves as needing to be OFCCP compliant and it will collect the required data as defined by the OFCCP rule. The new Careers tools will include:
How to Opt-In
- Login and edit your account information at jobs.boston.com/texis/account/edit.html
- Select the checkbox for the OFCCP features located near the bottom of the form.
Note: If you opt-in by May 6th the archiving of data will begin on May 6th. If you opt-in after May 6th the archiving of data will begin on May 6th. If you opt-in after May 6th the archiving of data will start on the day that you opt-in.
OFCCP stands for The Office of Federal Contract Compliance Programs and is an organization that is part of the U.S. Department of Labor's Employment Standards Administration. The OFCCP made a ruling in Oct 2005 requiring Federal government contractors to collect and retain records about gender, race, and ethnicity of each "Internet Applicant" for employment. The ruling became effective Feb 6, 2006 but the OFCCP granted a 90 day grace period from this effective date for contractors to comply with the new record keeping requirements. Note: The requirement to retain records regarding the hiring process is not a new obligation for contractors. The new requirement to retain records applies more broadly than the requirement to solicit demographic information from Internet Applicants. The OFCCP essentially performs the following: (1) administers and enforces equal employment opportunity, (2) monitors compliance through evaluations, and (3) investigates complaints filed by individuals alleging discrimination.
The OFCCP rule became effective February 6, 2006. However, under OFCCP's enforcement discretion, for a period of 90 days following this effective date, OFCCP will not cite a contractor for purely technical recordkeeping violations for failure to comply. The grace period holds provided that the contractor (1) demonstrates they are taking reasonable steps to update their system to comply with the rule, and (2) collects and maintains records according to the established procedures consistent with OFCCP's recordkeeping requirements that preexisted to the Internet Applicant final rule.
If you are looking for more information, please check the OFCCP Website, www.dol.gov/esa/ofccp, for detailed information on other rules that apply to contractors and sub-contractors.
Important Note: The purpose of the new tools is to support clients with their hiring practices. These tools alone will not make the employer compliant. Employers who are using an external job board are ultimately responsible for establishing their own guidelines and company policies to ensure they are in compliance with the OFCCP regulations. It is also the employer's obligation to seek legal advice and use the services we provide in such a way as to be compliant. Records of Applicants and their apply records including the Resume, Cover Letter, and E-Screen Interview will be retained for accounts who have opted-in for this feature. A log of Candidate Search criteria and any Candidates who were viewed or saved to the folders will also be retained for these accounts. BostonWorks’ technology partner, Adicio, will be announcing the feature prior to release and will include online documentation explaining what the new field is for as well as providing general information about the OFCCP rule. Adicio will also be producing documentation and running Webinars to keep clients well-informed. Education of clients and employers will bring much peace of mind on this matter. These changes will be released prior to the May deadline of May 6th.
