Recruiting: Job Posting: Are there regulations that require a company to post open positions, either internally or externally? If so, is there a requirement on the length of time for the internal posting?

February 25, 2016

Only federal contractors obligated under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), as amended by the Jobs for Veterans Act (JVA), are required by regulation to post open positions. To implement the affirmative action requirement, an employer should check VEVRAA and its implementation regulations found at 41 CFR Part 60-300.5, which require contractors and subcontractors to list most employment openings with an appropriate employment service delivery system. Each of those delivery systems also must provide protected veterans priority referrals to such openings. Executive and top-management positions, positions that will be filled from within the contractor's organization, and positions lasting three days or less are exempt from this mandatory job listing requirement. Listing employment openings with the state workforce agency job bank or with the local employment service delivery system where the opening occurs will satisfy the requirement to list jobs with the local employment service delivery system. Although there is no specific duration a job must be posted, the general rule is that contractors must list employment openings with the appropriate employment delivery system concurrently with a contractor's use of any other recruitment source or effort.

Typically, job vacancy announcements include an opening and closing date for applicants to submit expressions of interest. In these cases, a contractor should list employment openings for such positions as often as the contractor considers individuals for a particular position. For example, a contractor may routinely hire engineers and keep each vacancy announcement open for 15 days on a rolling basis. Subsequently, the contractor should list the engineer employment opening every 15 days with the appropriate employment delivery system.

Alternatively, a contractor should list employment openings at least as frequently as the time period used by the employment delivery system to maintain an active listing. For example, if an employment delivery system only keeps job listings active for 30 days, a contractor that is continually accepting applications for a particular position should list the employment opening every 30 days.

It is possible that state laws have posting requirements for employers awarded state government contracts. Employers will want to check with the state to determine any posting obligations.

Employers not obligated under VEVRAA or JVA may still have affirmative action plans (AAPs), and within those plans, the employer will likely set forth the organization's rules on job posting. These self-imposed rules must be followed to ensure the organization is in compliance with its own AAP.

Employers with collective bargaining agreements (CBAs) may have bargained job posting procedures, especially as they relate to internal postings and advancement opportunities. If so, these rules must be followed to be in compliance with the CBA.

Other employers may have their own internal and external recruiting policies and practices, which become the "laws" that should be followed consistently. Posting or not posting and for how long is entirely up to these employers, and their intentions should be made clear within their policies for their best protection.

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