Job posting refers to the act of the state having received the job listings supplied by federal contractors via any of the methods listed, and thereafter “posting” those job listings on the respective state job bank. Federal contractors are not required to post to state job banks, as long as they can prove “job listing.”
There are two primary reasons OFCCP does not require federal contractors to prove that they “posted” jobs with every local Employment Service Delivery System in America:
(1) State workforce agencies and their local ESDSs are mandated under separate legislation (Wagner-Peyser Act) to serve all employers in their search for a qualified workforce. As part of this mission, state workforce agencies and local ESDSs serve employer customers by receiving job listings in a variety of ways. This includes mail, faxes, emails, direct entry into state job banks (with previously established employer accounts), automatic indexing, and even job feeds. As a subset of the broader employer community, federal contractors must receive the same type of flexible service from state workforce agencies and local areas. Further, state workforce agencies and their local ESDSs have varying methods to distribute job listings to eligible registered veterans (“Priority Referrals”). Understanding the need for flexible job listing formats and the varying methods states use for “Priority Referrals,” OFCCP regulations maintain the same flexibility for federal contractors listing jobs with the state or ESDS.
(2) OFCCP has never requested the Office of Management & Budget (OMB) to require contractors to prove up the ESDS’s “posting” of the jobs the federal contractors have available knowing that it would be too expensive and knowing contractors would fail because they are unable to access the various kinds of posting systems of all of the approximately 2,500 local ESDSs in America. OFCCP Compliance Officers frequently ask the contractor during an evaluation or audit to show proof of posting, but that is because of a complete misunderstanding of the Mandatory Job Listing requirement in general, which is focused on the provision of Priority Referrals on behalf of our unemployed veterans. A contractor should NEVER accept a Conciliation Agreement that indicates jobs were not “posted” to the state job bank as “posting” jobs is not the requirement in OFCCP’s VEVRAA regulations.
In summary, there is no OFCCP proposal pending at OMB to require federal contractors to either “post” available jobs with local ESDSs or to cause federal contractors to have to prove “postings” (as opposed to proving up the contractor’s “listing” of the job with the ESDS)…and OMB would not require a contractor proof-of-posting regulation, let alone a contractor-posting regulation, at any rate.