FAQs offer contractors option of including or excluding student workers in AAP
OFCCP published the following five FAQs addressing student workers in the AAP. Educational institutions should differentiate “employees” versus “student workers” so that the distinction can be communicated to OFCCP during a compliance evaluation. OFCCP gives contractors the option of including or excluding student workers; however, if they are included in the AAP, OFCCP will not consider them when determining compliance. Alternatively, OFCCP will accept employment discrimination complaints from student workers or on their behalf. If a complaint is filed, OFCCP will determine if the student worker could be considered an “employee” therefore gaining protection under OFCCP regulations.
Who is considered a student worker for purposes of this guidance?
Will OFCCP continue to accept student worker data if the educational institution chooses to provide it in the course of a compliance evaluation?
Why is OFCCP using its enforcement discretion to not consider, or cite violations based on student worker employment data during compliance evaluations?
Can a contractor be cited for a violation for excluding student workers from the data it provides to OFCCP during a compliance evaluation?
- Will OFCCP accept a complaint filed by a student worker?