The Final Rule clarifies what contractors must do to satisfy their job listing requirements set forth in the VEVRAA statute. OFCCP revised the VEVRAA regulations to update and strengthen contractors’ affirmative action and nondiscrimination responsibilities. It also requires the contractor and agents acting on their behalf provide additional identifying information to the appropriate employment service delivery system (ESDS), in Tennessee known as: https://www.jobs4tn.gov, when listing its job openings. Specifically, the Final Rule clarifies that when listing their job openings, contractors must provide job listing information in a manner and format permitted by the appropriate State or local job service, so that it can access and use the information to make the job listings available to job seekers. This means, for example, that if the State requires electronic transmission through a Web-based form, the contractor must provide its job listings in this way. In addition, a contractor must indicate on its job listings that it is a federal contractor – for example by noting “Federal Contractor” on its listing – and its desire for priority referrals of protected veterans for its openings. The contractor must also provide the contact information for the contractor official responsible for hiring at each hiring location who can verify the information in the job listing. This official may be a chief hiring official, an HR contact, a senior management contact, or any other appropriate official. You can view the Final Rule on the OFCCP Web site at www.dol.gov/ofccp/VEVRAARule.
Prior to the new rule, Federal Contractors were in compliance by sending correspondence to the State via E-MAIL or Regular Mail. This type of notification will no longer be sufficient for contractors to remain in compliance with new OFCCP regulations in Tennessee.
Per the Final Rule, as stated above, Federal Contractors are now required to submit job listings via Tennessee’s Labor Exchange System (https://www.jobs4tn.gov ). This will require that the contractor register on the site before any job listings are posted. All information required by the final rule pertaining to those listings will be applicable and it will now be the Contractors responsibility to ensure the listing is complete.
Contractors can also use a third party provider or Labor Exchange partner (Example: Direct Employers Association) to submit job listings. Also, in accordance with guidance, that vendor will have to include the Contractors information on the job listing and will also be responsible to ensure that the orders are compliant with the Final Rule and are being uploaded into https://www.jobs4tn.gov by either “Spider Feeds” or some other manner consistent with the States requirements. Additional information may be found in the Attachment A, Federal Contractor Reporting Requirements.
Any questions concerning the process to post job listings can be directed to:
Treat.TN@TN.Gov or you can call: 855-747-1719.