NASWA has been working with U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) to clarify the interpretation of guidance regarding federal contractor compliance with Federal Contractor Job Listing (FCJL).

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) includes FCJL regulations which require Federal contractors to list job openings with appropriate employment service delivery systems to ensure state workforce agencies provide protected veterans priority referrals to federal contractor job openings.

According to 41 CFR 60-300.5(a) (2), “Listing employment openings with the state workforce agency job bank or the local employment service delivery system where the opening occurs will satisfy the requirement to list jobs with the appropriate employment service delivery system…”

The flexibility of this regulation is important to state workforce agencies and employers who have been relying on both authorized methods to meet compliance requirements since USDOL defunded America’s Job Bank in the summer of 2007. Many employers meet compliance requirements through VetCentral, the sister-site of the JobCentral National Labor Exchange (NLX), which was designed to meet OFCCP compliance with FCJL.

However, some regional OFCCP officials misinterpreted this regulation; insisting employers could only meet compliance by manually listing FCJL jobs in state job banks and refusing to recognize VetCentral as a satisfactory employment service delivery vehicle.

On April 13, NASWA sent a memorandum to Lorenzo Harrison, OFCCP Acting Director, requesting clarification of the “mandatory job listing” regulations. NASWA Executive Director Rich Hobbie requested OFCCP “immediately correct any misunderstandings its field staff has of this regulation so employers will be able to comply by either ‘listing employment openings with the state workforce agency job bank or the local employment service delivery system where the opening occurs,’ as stated in the regulations.” View

On May 8, Director Harrison responded to NASWA in a letter which endorsed NASWA’s interpretation of FCJL regulations and pledged to correct misunderstandings regional OFCCP officials may have with the regulation. “The regulations clearly state that listing with either the state workforce agency job bank or the local employment service delivery system will satisfy the mandatory job listing requirement, and OFCCP will reiterate this information to all of our OFCCP staff.” View

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Source: http://www.workforceatm.org/articles/template.cfm?results_art_filename=ofccp.htm&utm_source=et&utm_medium=email&utm_campaign=test