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Yocom & McKee, Inc. is committed to keeping our clients informed about changes that affect their affirmative action obligations. If you have not done so, sign up for our mailing list. Whenever a newsletter is posted or other breaking news occurs, you will receive an email from Yocom & McKee, Inc.
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additional or subsequent national electronic job bank established by the Department of Labor)…"
"Employment Service Delivery System" is defined in Section 4101(7):
"(7) The term 'employment service delivery system' means a service delivery system at which or through which labor exchange services, including employment, training, and placement services, are offered in accordance with the Wagner-Peyser Act." (The Wagner-Peyser Act of 1933 established a nationwide system of public employment offices, known as the Employment Service.)
Note that the law instructs the Secretary of Labor to "prescribe regulations" to implement these changes. Until regulations are created, the Department of Labor lacks the ability to fully enforce the new law.
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It is unclear whether listing openings with America's Job Bank will be defined as an employment service delivery system by the Department of Labor. Until regulations are issued, the plain language of section (A) above seems to indicate a contractor must list job openings with an employment service delivery system, and then may list these same openings with other sources, including America's Job Bank. This may indicate America's Job Bank will not be considered an employment service delivery system. Some attorneys and consultants interpret the language this way and are advising clients they must begin to list all job openings with their local state employment office.
But consider the language previously used in this section of the law. Prior to Dec 1, 2003, 38 USC 4212 (a) read:
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"…the President shall implement the provisions of this section by promulgating regulations which shall require that (1) each such contractor undertake in such contract to list immediately with the appropriate local employment service office all of its employment openings…"
The previous language clearly states that job openings must be listed with the local employment service office. Yet using this language, the Department of Labor wrote regulations that allowed listing job openings with a nationwide service called America's Job Bank. They decided this met the requirement to list openings with the local employment service office. It is possible the Department of Labor will decide through regulation that America's Job Bank is an appropriate employment service delivery system under the new law.
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