Archive for the ‘Compliance’ category

It’s all About Prevention: EEOC & OFCCP Compliance

May 23rd, 2014

Human resources professionals need to keep track of many moving parts in the course of their job every day, from understanding what kind of talent is currently available to new developments in their industry. One crucial area where it is vital to stay on top of things is maintaining compliance with the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance.

Often it is too late for companies to comply with the EEOC or OFCCP once they are being audited, which underscores the importance of preparing for compliance ahead of time just as you would prepare your financials in the general accounting department.

Not only do you need to prepare to avoid problems with regulators, you have to address equal employment issues from a public relations standpoint.

For example, Google’s annual shareholders meeting was disrupted in May by angry demonstrators led by the Rev. Jesse Jackson, protesting the low number of blacks, Latinos and members of other minority groups hired by the search engine giant. In response to the criticism, Google announced that it would make transparent the number of minority employees it has hired, according to a recent report in the San Jose Mercury News.

Any private employer with 15 or more employees working 20 or more weeks each year is subject to federal law regarding Title VII of the Civil Rights Act of 1964.

Complying with these requirements includes treating everyone fairly no matter what their religion, sex, race, national origin or disability, noted a recent article in the Houston Chronicle. The best approach is to establish a zero-tolerance policy for discrimination and harassment. This means disciplining employees who fail to meet your anti-discrimination policies so you can prevent violations from occurring.

Part of planning ahead includes setting up a records retention program. You must maintain records (payroll, benefits plans and any records of your merit system) for a year after terminating an employee in order to remain in compliance with the equal employment regulations. Details about your pay rates must be stored for two years.

It’s also a good idea to verify that your applicant tracking system is always updated to the latest version. For example, the application tracking system from Newton has an enhancement to take into account all applicable changes to Section 503 and VEVRAA regulations. It improves the voluntary self-identification capability to accommodate the rights of war veterans, for example, and explains the application process better to your job applicants.

Prudent hiring managers will want to make every effort to plan ahead to avoid running into any pitfalls in complying with EEOC and OFCCP requirements as they recruit and take on new employees. This is essential both in terms of avoiding discrimination lawsuits and damaging your reputation in the marketplace.

Attention Alabama Employers: How does the latest legislation impact your Affirmative Action and OFCCP requirements?

October 11th, 2011

Alabama Employers: How does the latest legislation impact your Affirmative Action and OFCCP requirements?

Attend a regional seminar led by National and Regional experts regarding the often challenging and confusing AA / EEO / OFCCP requirements.

Participants will receive 3 hours of CE credit for your PHR or SPHR certification

Wednesday, November 2, 2011
1:00 P.M. to 4:30 P.M.


6800 Governors West, NW Huntsville, AL
T 256-428-5425    F 256-428-2001

Meeting Room – Mediterranean V & VI

Ticket price: $25

Seating is limited – RSVP today!

Parking available

Register for this seminar HERE

Here’s what to expect.

  • How DOL and the U.S. Congress have woken the sleeping ADA giant, and why plaintiffs’ attorneys and the EEOC are excited
  • What impact the Alabama immigration law will have on your business, and which provisions are likely to withstand judicial challenges
  • Your company’s obligation to solicit race and gender data
  • The proposed OFCCP guidelines on compensation analyse
  • Guidelines for self-evaluation of compensation practices for compliance with EO 11246 with respect to systematic compensation discriminatio
  • How to leverage Applicant Tracking technology for compliance, data tracking and storage

Sponsored by:

Is Social Recruiting a Growing Hotbed for OFCCP Claims?

June 21st, 2011 recently published a very informative article titled “Social Networks: A New Hotbed for Hiring Discrimination Claims.” The article gives a comprehensive perspective into the world of corporate recruiting, particularly how recruiters are using social networks more and more to evaluate potential hires.
Social networks like Facebook, LinkedIn and Twitter give recruiters and hiring managers the chance to look at a potential candidate’s everyday life, work habits and personal information. Increasingly, recruiters are this information to determine whether a candidate is a good fit for their company. However, using their findings as the basis for a hire can lead to a heap of discrimination claims against the company.
In this article, spoke with HR consultant Jessica Miller-Merrell about some of the risks involved with using social networks to make hiring decisions. She outlines potential legal risks including niche demographic breakdown of specific social networks as well as the need for concise affirmative action reporting for government contractors. Furthermore, she says that making “hiring decisions based on protected information that a candidate provides on the internet… can get you in hot water”.
This is a topic that Newton Software, an easy-to-use applicant tracking software, has been following very closely. Newton’s own Joel Passen, interviewed Dr. Stephanie Thomas, one of the leading experts on the analysis of equal employment opportunity issues, almost a year ago for a podcast titled, “Can Social Recruiting Lead to Discrimination and Equal Opportunity Issues”.
There’s been a growing trend of workplace discrimination claims getting submitted over the past several years, and the addition of social networking as a hiring tool is bound to only increase the rate of claims. Every year, companies face many challenges in following confusing regulations that require them to provide detailed reports to various federal agencies.
These are the very factors Newton took into account when we decided to build EEOC/OFCCP compliance features into our recruiting software. We realized that companies already face a great risk in regards to complying with the U.S Equal Employment Opportunity Commission (and the Office of Federal Contract Compliance Programs for government contractors.) Bad or ignorant hiring practices and decisions can sink a business due to costly litigation battles over wrongful discrimination.
Newton’s EEOC /OFCCP Compliance tools make sure that all the right information gets collected, stored and tracked regardless of the source of the data. Voluntary self-identification surveys, reasons for non-selection, hire/offer logs, minimum qualification questions and flow logs (EEO1 reports) are just some of the tools that can help recruiters and human resources professionals keep track of all the mandatory information. Newton makes EEOC and OFCCP compliance a seamless part of the hiring process, so that when the time comes, a company does not need to scramble to deal with a problem.
While we haven’t yet seen a general precedent set regarding social networks and social recruiting, experts agree that it’s just a matter of time. As more companies start to use social networks as recruiting tools, there will be a social media recruiting precedent before you know it. For now, our advice is to seek guidance from counsel especially before using social media to vet applicants and to always have a consistent, compliant process in place when distributing job related information to social networks.

Levinson, Meredith. “Social Networks: A New Hotbed for Hiring Discrimination Claims.” April 18th, 2011.…

Interesting podcast on June 18th: Can Social Recruiting Cause Discrimination and Equal Opportunity Employment Issues?

June 8th, 2010

There’s been a ton of hype around social recruiting lately. But, there hasn’t been much talk about compliance and the OFCCP and EEOC are so far behind the times that they’re not going to be quick to set any sort precedent in the near term but, they’ll get to it. Clearly, social recruiting should be a part of every company’s recruiting strategy and for the most part, it has.

So, how is social recruiting going to impact compliance? Find out on the June 18th NED podcast when Joel Passen will be interviewing Dr Stephanie Thomas, the Director of the Equal Employment Advisory and Litigation Support Division of Minimax Consulting.

When: Friday, June 18th at 8:30am PDT


Dial in to listen live: (646) 727-1372

Listen anytime:

About NED: NED is a series of  web-based discussions sponsored by Newton Software, makers of Newton, popular, easy-to-use applicant tracking software. Instead of creating boring white papers and hosting ho-hum webinars, Newton chose to create a radio program that  showcases recruiting industry influencers and innovators who share their tips, tools, techniques and knowledge with the recruiting community.

EEO/OFCCP Reporting and Tracking: 2010’s The Elephant in the Closet

January 13th, 2010

elephant_in_room2Six months ago, one of our software engineers at Newton asked, “Why are you guys so obsessed with this EEO/ OFCCP compliance stuff? Is it that important?”

The answer was straightforward. I’d done some homework. The EEOC received more than 95,400 charges of job bias in the private sector in 2008, up 15.2 percent from 2007 and 26 percent from 2006. Given the number of layoffs, the amount of Federal stimulus pumped into the economy, the increasing diversity of the workplace and the EEOC’s new litigious administration, this is a issue facing employers of all sizes.

Last week, the 2009 EEOC report was published. They announced that 93,277 workplace discrimination charges were filed with the agency in 2009. That’s an average of nearly 256 claims filed every day. The 2009 data shows that private sector charges alleging discrimination based on disability, religion and/or national origin hit record highs while age-based charges reached the second highest level ever. You can read the entire report here:

Statistics don’t generally lie, the trends are clear. And, with the appointment of Jacqueline Berrien as head of the EEOC, employers should expect a U.S. Equal Employment Opportunity Commission that is much more focused on enforcement and litigation. Some experts are even concerned that her administration may push the commission further in an anti-employer direction.  None of this bodes well for companies that are still ignoring EEO/ OFCCP compliance issues.

Recruiting Insurance: Newton Announces Cutting Edge EEO OFCCP Reporting and Tracking

January 6th, 2010

EEO  / OFCCP compliance, until now, it’s been  real headache. Applicant flow logs, hired/offers logs, reasons for non-selection for every applicant, minimum requirements for every job. Tracking all of this was nearly impossible let alone actually reporting it – until now.

Newton Software announced that they will release a powerful feature to track and report all of your EEO data for you – automatically. No more going back in time to add missing data, no reason for spreadsheets and no extra work for your team. Newton’s EEO / OFCCP tracking feature is the most advanced of any applicant tracking software and they’ve designed it to be the easiest-to-use too.

Newton customers will track reasons for non-selection for every candidate, build appropriate minimum qualification questions  for every job, ensure that customer are being equal opportunity employers and build the same reports that used to take weeks or months in just  minutes.

The official release date is 1/10/10.  We’ll have a full review of the product then.

Stay tuned.