As we all know – OFCCP requires companies to offer self-identification forms to applicants (for gender, race/ethnicity, disability, and veteran status).1 Companies commonly overlook that the use of temporary/staffing agencies does not relieve the company of its requirements to attempt to collect this information from its “entire” process when temporary employees are converted – which begins at their application with the temporary agency – so that it can attempt to ensure equal opportunity exists in its entire hiring process.2,3

What should we do?

While you don’t technically have to maintain the records yourself – in practice it is likely the only way to ensure compliance.

  • Request the agency track applicants considered for positions filled by the company and submit this information to you. See Kairos’ “Sample Language for Employment Agency Letter” on the client portal. In practice – agencies need training on how best to do this and likely need to be contractually bound to track and provide this information to you. Attempt to add this as a requirement in future contracts. Track all your efforts in the event OFCCP audits you, especially if agencies fail or refuse to provide this information.
  • At a minimum – offer all temporary applicants/employees the self-identification form when they are sent to your facility, and track their disposition, position, hire date, termination date & reason, and conversion date in addition to their race, gender, IWD & PV status, if voluntarily identified.

OFCCP has made it clear it will hold your company liable for recordkeeping of the entire hiring process. In an audit, failure to maintain these records could result in allegations of discrimination and a financial settlement. Your risk is proportional to the number of positions you fill through temporary-employee conversion, the greater the number – the higher the risk of financial liability in the event of missing records.

Please feel free to contact us for any questions.

  1. Office of Federal Contract Compliance Programs regulations at 41 CFR §60–1.12(a-e), 60-741.80, and 60-300.80
  2. Understanding OFCCP’s Internet Applicant and Traditional Applicant Recordkeeping Requirements Frequently Asked Questions
  3. SUPPLY AND SERVICE CONTRACTORS TECHNICAL ASSISTANCE GUIDE”. See Mandatory Recordkeeping – or 41 CFR §60–3.10(A-B)