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Onboarding Process and Lack of Appropriate Paperwork


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Hello:  During the onboarding of an applicant to a government contract, the agency requested a local driver's license for the applicant, which he refused to provide (he did not want to switch over from another state, did not want to pay for the switch, among other reasons).  As a result, we had to pull him out of the onboarding process.  This was a month or two ago.  The applicant emailed today, stating that he is getting his local driver's license and would now like to re-apply.  If the position, or something similar to it, is open, are we required to let him apply?  Thank you in advance for any guidance!   

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4 hours ago, lawyergirl said:

During the onboarding of an applicant to a government contract ...

Can you please clarify:

1. why an applicant for employment is being briefed about a government contract ( I can see an emplyee being "onboarded")

2 who is the applicant applying to for employment

3,, who are the parties to the government contract

4. whether having a drivers license from the state where the "onboarding" was taking place is a written requirement for the job on day one or is it contemplated that the hired employee will obtain one in due course, or is there no such written requirement at all.  

5. what is the general description of the job

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18 hours ago, Retreadfed said:

Why in the world is a government agency asking for a potential contractor employee to provide a driver's license as a condition of employment?

Contractor employees with any type of access to GVT stuff (physical, "logical," etc.) need to be granted the appropriate access level (and a badge).  To get the badge, the contractor must (among other things, like a background check & fingerprinting) prove their identity and employment authorization by providing the documents to the GVT agency doing the badging.   Driver's license is the most common form of ID used.  In my agency, this happens many times every day.  

Its not entirely clear to me from the paperwork I see that these contractors who need to be badged are current employees of the contract-holder, or whether their employment is contingent upon getting them badged.  For us, it doesn't matter.

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1 hour ago, General.Zhukov said:

To get the badge, the contractor must (among other things, like a background check & fingerprinting) prove their identity and employment authorization by providing the documents to the GVT agency doing the badging. 

Note the OP said the requirement was for a local driver's license, which for a Federal contract is nuts. 

 

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43 minutes ago, REA'n Maker said:

Note the OP said the requirement was for a local driver's license, which for a Federal contract is nuts. 

I know the National Capital Region is a strange critter, but people work here from at least Virginia, Maryland, West Virginia, and the District.  What is a local driver's license here?  Also, if you are wanting proof of identity, there are several other ways of doing this other than a driver's license.  (As an aside, a few years back some DCAA auditors were wanting contractors to produce driver's licenses for company employees in order to determine if there were ghost employees on the payroll.  Obviously, this is beyond the scope of DCAA's audit authority.)  Moreover, not everyone can get a driver's license.  Think the blind and epileptics.  Seems like refusing to hire them because they don't have a driver's license would be a violation of the Americans With Disabilities Act.

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1 hour ago, C Culham said:

Afterall pursuant to the Real ID Act it seems there is a National standard for a drivers license that is issued pursuant to the Act.

That doesn't mean that everyone can get a driver's license.  For example, my wife had macular degeneration and was ineligible for a driver's license.  However, other forms of ID can be used for purposes of the Real ID act.

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@Retreadfed

We can debate.  I will not.  Here is my last reply.  States also issue IDs other than a DL and the Real ID Act applies.  We donot know the specifics but to state that using a State DL is "nuts" in light of the Real ID Act in my view is not a very good premise.

I have not researched 100%, and will not, yet I offer the following from a DHS website emphasis added.

 

 "DHS is working closely with all states and territories to provide assistance and guidance to achieve full compliance by the May 7, 2025 deadline. As of March 26, 2021, 55 states and territories are fully compliant with the REAL ID requirements, and all states are on track to begin issuing compliant licenses and IDs by the May 7, 2025 deadline."

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@lawyergirl  No one has answered your question.  My opinion is, assuming the agency has a valid reason for requiring a local drivers license, is no you are not required to let him apply.  The government doesn’t seem to be involved in your hiring situation.  It’s their requirement and normally the contractor is free to provide staffing on their own to perform the work.

The applicant couldn’t meet that stipulation in the past.  Now if you have openings and the person now can comply, it’s your choice as to whether to consider him or not. 

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On 7/22/2023 at 3:46 PM, Jamaal Valentine said:

@lawyergirl

Do you work for the Government or the contractor [in this scenario]?

Jamaal, Lawyergirl’s profile indicates that she works for a contractor. 

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