On-the-Job Training Program: Good Faith Effort
When On-the-Job Training Goals aren't met
Creating a diverse workforce through training people of color, women and disadvantaged people in highway heavy construction trades is the fundamental goal of the Minnesota Department of Transportation’s (MnDOT) On-the-Job Training (OJT) Program. Specifically, it enhances the career prospects of historically underserved individuals by improving access to journey level positions.
Federal regulations require contractors that fail to meet applicable OJT goals to demonstrate that a good faith effort (GFE) was made to recruit and hire people of color, women and disadvantaged people.
Good Faith Efforts
If a contractor does not meet the OJT goal for a project – trainee and/or hours goal – it must provide MnDOT Office of Civil Rights (OCR) with a written explanation of the GFE made to reach the goal.
There is no template or formula for contractors to follow when drafting the GFE explanation. However, MnDOT OCR has a list of questions, which is neither all-inclusive nor intended to serve as a checklist, to aid in this process.
Questions to consider
- Did you analyze your current workforce for eligible OJT trainees?
- Did you contact your subcontractors for eligible OJT trainees?
- Did you include the OJT goal in your subcontract agreements?
- Did you contact the union halls for eligible OJT trainees?
- Did you contact employees to gain referrals of other people of color, women, and disadvantaged person applicants?
- Did you develop in-house employment referral incentives to recruit people of color, women, and disadvantaged person applicants?
- Did you provide training opportunities to people of color, women, and/or disadvantaged persons for career advancement?
- Did you review and follow up on previously received applications from people of color, women, and disadvantaged persons when hiring opportunities arose?
- Which community organizations and other channels did you contact to solicit people of color, women, and disadvantaged person workers to fill training positions?
- Did you advertise OJT employment opportunities in publications and local media outlets available to people of color, women, and disadvantaged persons in the area where the project workforce would normally be derived?
- Did you interview people of color, women, and disadvantaged person applicants even if it did not produce an employee?
- Did you contact MnDOT Office of Civil Rights to locate other resources for eligible OJT trainees?
The GFE explanation must include all supporting documentation, including emails, contact numbers, timelines, dates and any other relevant information. Missing or incomplete information is not considered.
Review by Office of Civil Rights
MnDOT OCR will review the written explanation to determine whether the contractor made a GFE to recruit and hire for the project. If it is determined the contractor did demonstrate a GFE, MnDOT OCR will clear the OJT requirement for the project.
GFE not met
If MnDOT OCR determines a GFE was not made, the contractor’s actions are considered a breach of the stipulations contained in the Required Contract Provisions (Federal Highway Administration Form 1273).
MnDOT expects that a noncompliant contractor will make all reasonable and necessary efforts to reach OJT goals for any future projects.