Introduction
Before proceeding, Employ does not give legal advice. This article pertains to compliance and data functionality in the Evolve ATS platform only. We advise contacting your organization's legal counsel for any questions related to compliance and data handling practices.
On January 21st, 2025, Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," was signed, revoking Executive Order 11246 a directive established in 1965 that mandated federal contractors to ensure equal employment opportunities regardless of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The new executive order directs the Office of Federal Contract Compliance Programs (OFCCP) to cease promoting diversity initiatives and enforcing affirmative action requirements for federal contractors and subcontractors. It also mandates that federal contracts and grants include provisions requiring recipients to certify compliance with federal anti-discrimination laws and affirm that they do not operate any programs promoting diversity, equity, and inclusion (DEI) that violate such laws.
Regarding EEO-1 reporting requirements, the executive order does not explicitly address changes. However, since the EEO-1 Report has been a tool for enforcing affirmative action obligations under Executive Order 11246, the revocation of this order and the cessation of affirmative action enforcement by the OFCCP may lead to a reevaluation of EEO-1 reporting obligations for federal contractors. As the situation evolves, federal contractors should monitor guidance from the OFCCP and the Equal Employment Opportunity Commission (EEOC) for updates on EEO-1 reporting requirements. Arnold & Porter.
In Evolve ATS, you have two US Compliance options: EEO and OFCCP. You can configure whichever option your company is subject to. The compliance center will include some policies and you will also have the ability to edit them.
Audience
Admins
Configure US Compliance Settings
Navigate to your user menu, then select Admin.
Click Compliance.
Click Application Compliance.
Click US Compliance.
Click Edit.
Choose from one of the following options:
- EEO Reporting (Career Site Questionnaire)
- OFCCP Reporting (Includes EEO)
The following sections will discuss the configuration options for both EEO and OFCCP Reporting.
NOTE: You can click the ? icon next to the selection options for additional information about the selection.
EEO Reporting
This feature will allow you to collect EEO information from candidates who apply on your career site.
Include Veteran Status Questions
This option adds voluntary questions to the apply page of United States-based requisitions. Before enabling this feature, it is recommended that you verify that you are eligible to collect this data when a candidate applies.
Users in Evolve ATS with the Human Resources role can view data on the candidate record and in reports.
If you select to Include Veteran Status Questions, you can also choose one of the following selections that apply to your company:
- Enable Default options
- Enable Veteran Status 100
- Enable Veteran Status 100A
Enable Affirmative Action
You can enable or disable the Affirmative Action Program (AAP) in your EEO/OFCCP forms. By disabling this text, AAP content is removed from the EEO declaration on the Apply page or the inline OFCCP form (for US jobs only).
NOTE: This applies to customers with US compliance (EEO/OFCCP) enabled and on the latest career website framework.
When Enable Affirmative Action is selected, the following Affirmative Action text will be displayed wherever it appears in the EEO section.
When Affirmative Action is disabled, the Affirmative Action text is removed in the EEO section.
EEO Questions Settings
This option allows you to choose one of the following selections:
- Gender
-
Race - If selected, you will be prompted to have separate ethnicity/race questions or a combined question.
- Separate Ethnicity and Race into two questions
- Combine Ethnicity and Race into one question
For information on how these settings update the instructions in the application on your career site, please refer to the Additional Information section.
OFCCP Reporting
This feature will allow you to collect OFCCP (including EEO) information from candidates who apply on your career site.
Track Candidate Search
This selection adds the OFCCP Compliance search to the candidate's page. Users in Evolve ATS with the Human Resources role can view OFCCP searches in reports.
Post Offer Data Collection
This will generate a post-offer data collection form that includes questionnaires on EEO, veteran status, and individuals with disabilities. A workflow step will be created to send this form to the candidate(s).
Pre Offer Data Collection
This will generate a pre-offer data collection form that includes questionnaires on EEO, veteran status, and individuals with disabilities. You will have the option to send this automatically or manually through a workflow step.
Enable Affirmative Action
You can enable or disable the Affirmative Action Program (AAP) in your EEO/OFCCP forms. By disabling this text, AAP content is removed from the EEO declaration on the Apply page or the inline OFCCP form (for US jobs only).
NOTE: This applies to customers with US compliance (EEO/OFCCP) enabled and on the latest career website framework.
When Enable Affirmative Action is selected, the following Affirmative Action text will be displayed wherever it appears in the OFCCP section.
When Affirmative Action is disabled, the Affirmative Action text is removed from the OFCCP section.
EEO Questions Settings
This option allows you to choose one of the following selections:
- Gender
-
Race – If selected, you will be prompted to have separate ethnicity/race questions or a combined question.
- Separate Ethnicity and Race into two questions
- Combine Ethnicity and Race into one question
After you have finished configuring your US Compliance selections, click Save.
For information on how these settings update the instructions in the application on your career site, please refer to the Additional Information section.
Additional Information
Based on the compliance settings, the system will update the instructions to the applicant via the career site.
- EEO Reporting (Career Site Questionnaire)
- Individuals seeking employment at <COMPANY NAME> are considered without regard to race, color, religion, sex, sexual orientation, gender identification, national origin, age, marital status, ancestry, physical or mental disability, or veteran status. You are being given the opportunity to provide the following information to help us comply with federal and state Equal Employment Opportunity record-keeping, reporting, and other legal requirements. Completion of the form is entirely voluntary. Whatever your decision, it will not be taken into consideration in the hiring process or thereafter. Any information that you do provide will be recorded and maintained in a confidential file.
- OFCCP Reporting (Includes EEO)
- Gender and Race enabled
- Individuals seeking employment are considered without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, status as a protected veteran, or disability. You are being given the opportunity to provide the following information to help us comply with federal and state Equal Employment Opportunity record-keeping, reporting, and other legal requirements. The employer is subject to certain governmental record-keeping and reporting requirements for the administration of civil rights laws and regulations. To comply with these laws, the employer invites employees to voluntarily self-identify their race or ethnicity. Submission of this information is voluntary, and refusal to provide it will not subject you to any adverse treatment. The information obtained will be kept confidential and may only be used in accordance with the provisions of applicable laws, executive orders, and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement. When reported, data will not identify any specific individual.
- Gender Enabled only
- Individuals seeking employment are considered without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, status as a protected veteran, or disability. You are being given the opportunity to provide the following information to help us comply with federal and state Equal Employment Opportunity record-keeping, reporting, and other legal requirements.
- Race enabled only
- Individuals seeking employment are considered without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, status as a protected veteran, or disability. You are being given the opportunity to provide the following information to help us comply with federal and state Equal Employment Opportunity record-keeping, reporting, and other legal requirements. The employer is subject to certain governmental record-keeping and reporting requirements for the administration of civil rights laws and regulations. To comply with these laws, the employer invites employees to voluntarily self-identify their race or ethnicity. Submission of this information is voluntary, and refusal to provide it will not subject you to any adverse treatment. The information obtained will be kept confidential and may only be used in accordance with the provisions of applicable laws, executive orders, and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement. When reported, data will not identify any specific individual.
- Gender and Race enabled