Posts Tagged ‘OFCCP compliance’

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.

Filling Positions Diversely Will Benefit Your Company

August 23rd, 2013

diverse hiringDiversity helps companies achieve business goals and, in an inclusive environment, 20% more employees state that they will stay at their organization, according to Corporate Executive Board (CEB) research. These findings and others were reported by Jean Martin in a recent “Harvard Business Review” article.

Martin observes that diversity initiatives such as mentoring, diversity councils and affinity groups are supported by management even during tough economic times. But is this investment paying off?

There are few firms with particularly diverse and inclusive populations. CEB research identifies bias, whether unconscious or conscious, as one of the key problems in moving qualified diverse candidates into leadership roles.

Innovative Processes to Counter Bias

Martin cites two examples of companies that utilize “objective-fit analysis” tools. These organizations succeeded in modifying their promotion processes to build diverse candidate slates and neutralize biases.

At Charlotte’s Duke Energy, managers prepare a candidate list for a specific position. At the same time, HR prepares its own slate by querying their data against a detailed position profile. Both lists are used to create the candidate pool. The combined list of qualified candidates may include some not known by the hiring manager.

CEMEX, a cement manufacturer headquartered in Mexico with 42,883 employees worldwide, developed a data tool to analyze employee profiles. Four factors in the profile – experience, knowledge, potential and performance, and personal – are created through lengthy testing and assessment processes. These leader profiles are matched against detailed position profiles to create a candidate slate.

EEOC and OFCCP Compliance Software

Duke Energy and CEMEX’s solutions are good innovations, but the newest technology in compliance should also be considered.  EEOC (Equal Employment Opportunity Commission) and OFCCP (Office of Federal Contract Compliance Programs) compliance software can automate and streamline the hiring process, with functions such as recording voluntary EEO information (race, gender, ethnicity) as well as capturing a wealth of information needed during compliance audits, like applicant logs and flow data.

Take Advantage of Compliance Tech to Assess Candidate Diversity

When you’re ready to create your short list of candidates for interviews, a report from your compliance software will show qualified candidates (measured against minimum job requirements) with their EEO characteristics. If the candidate pool shows few or no benchmarks of diversity, you’ll know in advance that more work is necessary before the interviews start; for example, explore diversity job boards.

Is Social Recruiting a Growing Hotbed for OFCCP Claims?

June 21st, 2011

CIO.com 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, CIO.com 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.

Citations
Levinson, Meredith. “Social Networks: A New Hotbed for Hiring Discrimination Claims.” CIO.com. April 18th, 2011. http://www.cio.com/article/679830/Social_Networks_A_New_Hotbed_for_…