Job Posting Requirements and Handling Temp Jobs

One of the most talked about areas of EEO compliance in 2010 is Job Posting Requirements. As contractors continue to try and work with the updated expectations, a lot of questions are coming up about exemptions to the standard requirements. One area of concern in particular is how to handle temp jobs, and whether or not posting for these jobs is necessary. BCG would like to emphasize that OFCCP to date has been clear that the only exemptions are the ones clearly spelled out under the Jobs for Veterans Act (JVA).

The website is here:

http://www.dol.gov/ofccp/regs/compliance/faqs/jvafaqs.htm

Listed here is the OFCCP's response to the question regarding posting requirements for temporary positions and linking jobs to the employers' site:

Is a contractor required to list temporary positions?

Employment openings subject to the mandatory job listing requirement include all positions except:

1) executive and top management positions
2) positions that will be filled from within the contractor's organization
3) positions lasting three days or less.

All other employment openings, including those for full-time employment, temporary employment of more than three days' duration, and part-time employment, are subject to the mandatory listing requirement.

Can a contractor satisfy the job listing requirement by sending to the appropriate employment delivery system a link to a specific job opening posted on the contractor's website?

States have prescribed a variety of procedures for listing job openings and a particular state may permit listing in its employment service delivery system by more than one method. A contractor may satisfy its mandatory job listing obligations under VEVRAA by sending an email message to the local employment service office or the appropriate employment service delivery system that includes a link to a specific job opening on the contractor's website, if this is a method permitted by the employment service delivery system for listing job openings. The mandatory job listing obligation requires that the contractor provide information about an employment opening in the manner prescribed by the employment service delivery system for listing employment openings in the system. The contractor must provide information that is sufficient to allow the appropriate employment service delivery system to carry out its responsibilities under VEVRAA to give protected veterans priority in referrals to federal contractor employment openings.