The following is the first blog in a series which will focus on requirements, as well as best practices, for federal contractors and federal subcontractors which accept job applications electronically.
(Part 1): Posting and Notice Requirements
As more companies are turning to accepting job applications through an electronic application process, it is important to consider obligations for federal contractors and subcontractors with regards to making available to online applicants postings which notify them of federal laws that protect against discrimination. The Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), requires the following posters to be communicated to employees and applicants by posting them in a prominent place (such as company bulletin board at each company establishment) or by posting the notice electronically. As part of the affirmative action requirements for covered contractors, posting notices that advise applicants of the organization’s affirmative commitment to equal employment opportunity include:
Equal Employment Opportunity is the Law posting: Private employers, state and local governments, educational institutions, employment agencies and labor organizations with 15 or more employees are required under Federal law to display this poster where it can be seen by employees and applicants for employment. This poster outlines protection for applicants and employees against discrimination in employment activities, such as hiring, under Title VII of the Civil Rights Act of 1964, Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), Age Discrimination in Employment Act of 1967 (ADEA), Equal Pay Act of 1963 (EPA), and Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The poster also lists additional protection from discrimination for Federal government contractors and subcontractors covered under Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). Organizations with federal contracts or subcontracts totaling over $10,000 are covered under EO 11246, over $15,000 are covered under Section 503 of the Rehabilitation Act, and $150,000 or more are covered under VEVRAA.
In order for online applicants to readily see this posting, organizations are required to post the notice electronically. A best practice for satisfying this requirement is posting the notice on a prominent location on the organization’s website such as the landing page or career page. EEO is the Law poster
EEO Is the Law Supplement: Federal contractors and subcontractors are also required to post a “supplement” alongside the EEO is the Law poster. This poster is produced by the Office of Federal Contractor Compliance Programs (OFCCP) and is required to be posted until the “EEO is the Law” poster is updated to include all current protections under regulations enforced by the OFCCP. EEO is the Law Supplement
Pay Transparency Nondiscrimination Provision: This posting applies to employers covered under Executive Order 11246. It notifies applicants and employees of their protection under the law to discuss or disclose their compensation without fear of retaliation. Although the OFCCP does not explicably state in the regulations that this must be posted electronically, it is a best practice and highly recommended. Biddle Consulting Group’s experience working with clients under OFCCP audit is that the Agency has been reviewing contractor website to check for an electronic posting when the contractor utilizes an online application system. . Pay Transparency Nondiscrimination Poster
Availability of Section 503 and VEVRAA Affirmative Action Plan (AAP) for Review: Contractors who are required to prepare a written affirmative action program for veterans and/or individuals with disabilities must also notify applicants and employees that these affirmative action plans are available for review upon request. The notice must include instructions for viewing the narrative portion of these AAPs.
Learn more about this topic at our August 30, 2022 webinar, “Tips for Conducting a Website Review for Federal Contractors.” Register today!