In addition to addressing questions about the self-identification process and hiring individuals with disabilities, OFCCP has provided further guidance on calculating “jobs filled” under the new regulations.
Under both the new VEVRAA and Section 503 regulations, employers must now track and compare the number of “jobs filled” to the number of “job openings” as part of the data we will use to gauge effectiveness of outreach efforts.
In an earlier FAQ, OFCCP states the term “jobs filled” should be read broadly to include jobs filled by competitive means (external hires and internal promotions) as well as non-competitive means (promotions, transfers and reassignments).
The new FAQ attempts to clarify whether this includes automatic step or ladder movements:
Q: Does the number of “jobs filled” include step or ladder movements that are automatically attained upon completion of a stated event, such as time in the job or attainment of a particular certification?
A: Both competitive and non-competitive movements may qualify as “jobs filled,” so long as the movement is one into a different position, rather than simply a movement within the same position. This will necessarily be a fact-based determination. So, for example, a time-driven salary increase from one “step” to the next within the same position would not be a “job filled,” since there was not any movement into a new position. By contrast, if an apprentice completes a certification program and moves into a journeyman position, then such movement would be a “job filled,” since it is a movement from one position to another.
“Jobs filled” is not defined in the regulations, nor are the terms “new position” and “different position” used in the FAQ.
To make sense, the term “jobs filled” must be tied to and interpreted in conjunction with the term “job openings” as that is the comparison called for in the regulation. Competitive promotions will likely be from one position to a “job opening” in a different position. In other words, a job opening exists which needs to be filled by assessing interested candidate qualifications.
However, non-competitive moves are a different story. The key here is a “factual determination:” where an employee move is automatic based on attainment of a service level or a certification or training (such as from Mechanic IV to Mechanic III), there is no “job filled” because it appears it is not movement into a “new position” – there was no job opening or “new position” to be filled.
In order to calculate the most accurate ratio of jobs filled to job openings, contractors should review their job titles to determine if movement from one to another is truly movement to a “new” or “different” position.