Due to the amount of compliance mis -or- disinformation in the market, mainly revolving around distribution methods for Federal Contractor Job Listings (FCJL), I wanted to share the following pamphlet dropping spin, which I copied straight from a vendor website. The names have been changed to protect the innocent, most of all the poor misguided souls who actually work for this company.

Enjoy the “Vendor spin” in red and my comments, bleeding with the usual sarcasm, in regular type..

Let’s start with the most ironic piece of this farce tale. “Compliance” is actually misspelled in the title. I could stop there… But you know I won’t.

VENDOR’S OFCCP Job Posting Complaince Solution
Clients who use Product A or Product B can access our existing network of State Workforce agencies. Our alliances with two key technology providers, Provider C and Provider D, will allow us to directly submit your jobs to 17 states. This is the optimal method of transmission.

Scattered delivery to 17 out of 50 states is NOT optimal for anyone who must meet FCJL compliance and what about federal contractors with mandated delivery to local veteran representatives? So really, this vendor’s use of the word “optimal“, has nothing to do with actual “compliance”, just mere product selling spin.

Additionally, we are adding direct support for posting jobs to additional states. We have also successfully developed a computer-driven process for automated posting of jobs on state sites that traditionally require human data entry. This process will allow us to provide technically superior support for a large portion of the remaining states.

Direct support = Manual entry? Computer driven process? Technically superior? Oh you mean standard feeds, WOW that’s amazing! OK.. well.. ummm… you caught me, nothing here is amazing at all, it’s merely self promoting sales drivel. Superiority will not reside on the technical end of distribution, rather the relationships and proper direct delivery to state and local workers, which this vendor does not believe is useful. (see next paragraph)

The competitive advantage of our solution is that your jobs will be entered directly into a state’s system, whereas other services may rely on a fax or email – both of which are time-consuming and expensive, and both of which leave your organization’s compliance completely in the hands of the workers at the state agencies.

Fax and email are both electronic, meaning cheap, these days fella. And the regulations are meant to facilitate distribution into the workers hands at the State and Local levels, which demonstrates once again this vendor’s inability to understand the actual purpose of Jobs for Veterans Act.

Our investigations have shown that there is a good chance that job postings submitted in this manner will not be retained or used after they are received. The key benefit to working through Vendor’s system is that jobs entered will be more likely to receive referrals from job counselors during the life of the opening, and your organization will be able to better prove compliance in the event of an audit.

This vendor’s “investigation” must not have gone further than plain old interpretation of the black and white. It’s kinda like reading a foreign language for the first time and translating many of the words incorrectly. Including the translation of their key benefit, which has nothing to do with actual compliance although, is very key for this vendor’s spin.

Federal contracting companies need to understand the FCJL regulations are put in place to provide job preference for Veterans (JVA) and proper, auditable, delivery to state and local systems will be facilitated through a myriad of feeds, formats, and technologies, not a magic wand.

Remember, the OFCCP has clearly stated, “A contractor remains responsible for ensuring that its job listings are received by the appropriate employment service delivery system, whether the contractor submits job listings directly to the appropriate employment service delivery system, or uses a third party to deliver the job listings on its behalf.”

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- America’s Job Bank: A Corporate Solution

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