Employment Service Guide – C-500: Special Types of Job Postings

C-501: About Special Types of Job Postings

Boards must be aware that several special types of job postings require specific selection and referral procedures to ensure federal and state laws and TWC rules and policies are followed.  These job postings include:

  • Affirmative action job postings
  • Job postings from temporary help firms and professional employer organizations (PEOs)
  • Federal contractor job listings
  • Military recruiting job postings
  • On-the-job training job postings
  • Job postings with a bona fide occupational qualification (BFOQ)

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C-502: Affirmative Action Job Postings

Boards must be aware of the following.

Some job openings are mandated by written notification to allow an employer to recruit in specific categories (for example, women only or Hispanics only).  In some cases, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs has reviewed the hiring patterns of the employer in question and found that the employer needs to increase recruitment for employees in specific categories.

Boards must ensure that:

  • Workforce Solutions office staff do not take an affirmative action job posting unless the employer supplies a copy of the federal letters or documents requiring that type of recruitment
  • Such information is retained for a minimum of three years

For employers that are not under an affirmative action mandate and that express an interest in recruiting from certain targeted populations in order to improve the demographics of their companies, Boards must ensure that Workforce Solutions office staff:

  • Inform the employer that job seekers cannot be referred exclusively from targeted populations
  • Assure the employer that any qualified individuals from targeted populations will be referred

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C-503: Job Postings from Temporary Help Firms & Professional Employer Organizations

Temporary help firms employ workers and assign them to client companies to support or supplement the client’s workforce during employee absences, temporary skills shortages, seasonal workloads, special assignments and projects, and other similar work situations.  A temporary help firm is the employer of record for workers provided to its clients.

A PEO provides services to a client company, such as employee benefits management, payroll and workers’ compensation, recruiting, risk/safety management and training and development. Businesses that provide professional employer services in Texas must be licensed by the Texas Department of Licensing and Regulation (TDLR).  A licensed PEO is the employer of record for workers provided to its clients.

Boards must ensure that Workforce Solutions office staff accept job postings from temporary help firms and PEOs provided that:

  • The PEO is licensed by TDLR
  • They have a current and available job vacancy with their client employer
  • The temporary help firm or PEO will not charge the job seeker a fee to secure or keep the job

Boards must ensure that Workforce Solutions office staff advise job seekers who are referred on these job postings—including UI claimants—that the positions are being filled through a temporary help firm or PEO.  Staff must also advise job seekers that unemployment benefits may be denied if the worker does not follow the written procedures established by the temporary help firm or PEO on reporting for reassignment when an assignment to a client is concluded.
 
For additional information, refer to:

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C-504: Federal Contractor Job Listings Job Postings

The affirmative action provision of the Vietnam Era Veterans’ Readjustment Act of 1972 (VEVRAA) requires employers (and their subcontractors) with government contracts of $100,000 or more to list their job openings with the state labor exchange system (WorkInTexas.com). These Federal Contractor Job Listings (FCJL) job postings provide protected veterans with priority referrals to such jobs. The Office of Federal Contract Compliance Programs is responsible for ensuring compliance.

WorkInTexas.com can help federal contractors comply with many of the requirements of VEVRAA and Section 503 of the Rehabilitation Act.  For more information, see How WorkInTexas.com Helps Federal Contractors Comply with OFCCP’s Final Rules on VEVRAA and Section B-503PDF.

When entering a new job posting in WorkInTexas.com, Boards must ensure that appropriate staff indicate whether it is an FCJL job posting.  To find an FCJL job, go to Job Posting Browse – For Veterans and then select Federal Contractor.

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C-505: Military Recruiting Job Postings

Boards are encouraged to develop local partnerships with military recruiters to:

  • Develop WorkInTexas.com job postings for specific active and reserve component military occupations
  • Refer job seekers who indicate an interest in military service to local military recruiting offices
  • Provide recruiters with an active presence in Workforce Solutions offices to include periodic on-site recruitment opportunities and space for recruiting materials, such as brochures

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C-506: On-the-Job Training Job Postings

Boards must be aware that, when Workforce Solutions office staff refer an individual to an employer for on-the-job training (OJT), a job posting can be entered in WorkInTexas.com only if:

  • The individual will participate in training as an employee and will receive wages and benefits as a current employee
  • The job posting is designated as an On-the-Job Training posting in the Job Description section of WorkInTexas.com
  • The job posting is placed on Service Level 3

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C-507: Job Postings with a Bona Fide Occupational Qualification

A BFOQ is a qualification based on age, sex, national origin or religion that is necessary to the individual’s ability to perform the job in question.

Except as stated in 42 United States Code §2000(e)–2(e) and in 29 Code of Federal Regulations, Parts 1604, 1605, 1606 and 1625, Boards must ensure that discriminatory job postings that specify referrals are to be made on the basis of age, sex, religion or national origin are not accepted.

A characteristic may be a BFOQ only if there has been a specific court ruling or the employer has received such a determination from the Equal Employment Opportunity Commission (EEOC).  Boards must ensure that, if an employer claims a BFOQ, appropriate staff:

  • Consult with management prior to including the BFOQ on a job posting
  • Indicate the BFOQ status on the Job Posting Notes page

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