image of an Asian woman working on an ipad. A temporary employee needs to be considered in your affirmative action planThe OFCCP takes the stand that temporary employees who work more than three days, are paid by the contractor (as opposed to being paid by an external agency), and are active employees on the contractor’s AAP date should be included in the AAP reports. This would include the workforce data and any applicable personnel activity data (applicants, hires, promotions, termination) if any of these actions occurred during the reporting time period.Recordkeeping Requirements for Temporary Employees:The OFCCP takes the stand that an employment or temporary agency acts as an extension of the contractor, and therefore, the records the contractor is required to keep with regard to the applicant/selection process must also be kept when an external agency conducts a search for the contractor. This would include all candidates who are sent by the external agency to the contractor for employment consideration to fill a position. Because the candidate who is selected to fill the open position will be paid by the contractor (as opposed to being paid by the external agency), the pool of candidates who are considered for the temporary position should be treated in the contractor’s applicant tracking log in the same manner as other candidates who go through the contractor’s application/selection process. This includes soliciting race, gender, protected veteran status, and disability status and determining the appropriate disposition (i.e. hired, offer made, qualified not selected, not qualified, withdrew from process, position closed/cancelled, not considered/reviewed) for each individual who was referred by the external agency.Recordkeeping for Temporary Employees who are Converted to Permanent Employees:If a contractor converts a temporary employee to a permanent employee, most likely no other candidates would be considered for this type of action. When this occurs, the applicant tracking data will reflect a one-to-one applicant-to-hire ratio. While this may be questioned in an OFCCP audit, the contractor would have the opportunity to explain the situation with regard to the temp-to-hire action.