To keep you in compliance with OFCCP requirements, MITA has made recent changes to its online employment application. This new employment application should be implemented immediately.
We have added an anti-discrimination notice to the Equal Employment Opportunity Questionnaire which includes gender identity and sexual orientation. We have deleted all references to an applicant’s military service discharge Vietnam-era service record, At the end of the application, a two-page Voluntary Self-Identification of Disability form has been added as required by the Department of Labor. This form replaces the standard self-disclosure and disabilities questions that were formerly placed on the Equal Employment Opportunity Questionnaire.
We have also updated the form in other ways. On pages 2 we have substituted Apprenticeship & Vocational Training and Certifications for elementary education and on page 3 we have inquiries into conviction records. Criminal history information is not prohibited by the OFCCP, the but the EEOC has started suing employers seeking criminal history information not considered relevant to the work position to be filed. For example, a disturbing the peace conviction may not be relevant when seeking to hire a laborer. We have moved these questions from the employment application to a sample Criminal Records Check Policy. If you want to continue to ask for criminal history information, MITA suggests you consider using this new Policy and modifying it to your company needs. While MITA cannot guaranty your company will not be sued for seeking or using criminal history information, it will help you show the relevance of your decision making. Also remember that the federal Fair Credit Reporting Act requires additional forms to be used when using an outside to perform the criminal history checks. The outside company should provide those forms.
Our thanks to Don Scharg and Pat O’Brien at Bodman PLC for assisting in updating our employment application.
Click here to download the updated information.
