OFCCP's Latest Position On "Who is an Applicant" And How To Deal With It

When:  Jan 17, 2019 from 2:00 PM to 3:30 PM (ET)
OFCCP’s definition of who is an “Applicant” continues to flip-flop with several competing definitions emerging from the agency, even now:

Are these “Applicants” or not?

· Self-Select-Outs. In or out? Depends on which OFCCP Region you are in. Only one has the right answer.

· Under age. In or out?

· Lack I-9 authorization. In or out?

· Not minimally qualified. In or out?

· Failed drug test. In or out?

· Failed background check. In or out?

Is the “Internet Applicant” definition any different from the definition of a paper and pencil “Applicant”? What does Title VII law say in answer to all of these questions?

Will the courts accept “Not Most Qualified” as a Disposition Code documenting the legitimate reason for non-selection?

How many Disposition Codes should you have? Should you use letters or numbers?

How should you respond to OFCCP in audits when an OFCCP Compliance Officer asks for your “Applicant Flow Log” or “Applicant and Hires data”? Provide the Not Applicants information, too?

Why should your Applicant Flow Log also document all Accepted and Declined “Offers”?

Why you should document all applicable Disposition Codes, and not just only one

Presenters Candee Chambers and John Fox will answer all of these questions and more and resolve the ambiguities in OFCCP’s positions on each question in a highly interactive, 90 minute webinar with 30 minutes of Q&A as follows:

2:00pm to 2:30pm Discussion
2:30pm to 2:45pm Q&A
2:45pm to 3:15pm Discussion
3:15pm to 3:30pm Q&A


Hosted by:

John C. Fox
President & Partner, Fox, Wang, & Morgan P.C.

Mr. Fox represents companies and tries cases in state and federal courts throughout the United States. Mr. Fox has extensive trial experience, having spent more than 300 days in trial. Mr. Fox was also lead trial counsel in the first of the four wage-hour class actions known to have been tried in California and was lead trial counsel in what are believed to have been the two largest disability lawsuits in the United States. He is an across-the-board employment lawyer representing management nationwide. Mr. Fox was also previously Executive Assistant to the Director of the Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, where he was responsible for all enforcement and policy matters. Apart from drafting substantive employment discrimination regulations at OFCCP, Mr. Fox was responsible for OFCCP’s contacts with the Congress, other federal agencies and The White House.


Candee Chambers
Executive Director, DirectEmployers Association

Candee Chambers, SPHR, SHRM-SCP, SR. CAAP, joined DirectEmployers in 2013 and currently serves as the Executive Director, responsible for not only leading a team of over 50 people, but also for the continual development of the OFCCP compliance and recruitment marketing solutions for Members of the Association. As a passionate advocate for HR practitioners and the compliance challenges they face as government contractors, Candee previously served as the Association’s VP of Compliance and Partnerships where she oversaw the creation of strategic partnerships with a multitude of organizations, and managed the relationship with the National Association of State Workforce Agencies (NASWA) which includes the joint-initiative, National Labor Exchange (NLx). In addition to her daily responsibilities, Candee also regularly provides guidance to Members, and continues to speak extensively across the United States on compliance matters related to affirmative action regulations, plan development, outreach responsibilities and employee selection, while also working to develop and provide training to HR compliance and staffing professionals on all areas of affirmative action compliance. With a background in recruitment, HRIS analysis and affirmative action management, Candee often shares trusted guidance and advice at affirmative action-related conferences, regional ILG meetings and National ILG Conferences. Her depth of knowledge has led her to become a faculty member for the National Law Institute’s (NELI) Affirmative Action program series where she presents alongside top employment law professionals.

Candee holds her SPHR and her SHRM-SCP designations and is a Sr. Certified Affirmative Action Professional. She also holds a Bachelor of Arts in Communication from Bowling Green State University where she graduated with honors. Candee is currently the Co-Chair of the National Labor Exchange (NLx) Steering Committee and serves as the Vice Chair of the Indiana Industry Liaison Group. She leads the DirectEmployers Association Compliance Advisory Board (CAB), made up of the top compliance experts in the United States and is also the Compliance Chair of the Victory Media Military Friendly® Advisory Board. In recognition of her longtime leadership in the affirmative action community and work as an advocate of compliance training for government contractors, Candee was awarded with the 2016 John A. Garza Lifetime Achievement Award at the AZILG’s 41st Annual Conference.