is your application tracking system helping with eeoc and ofccp...
TRANSCRIPT
IS YOUR APPLICATION
TRACKING SYSTEM HELPING
WITH EEOC AND OFCCP
COMPLIANCE ?
SMILG Detroit, MI
MARCH 20, 2014
LEGAL DISCLAIMER
The materials presented today in both written and oral
forms are for information only and were prepared for this meeting. Attendees should consult with their own legal counsel before taking any actions and should not consider these materials or discussions to be legal or otherwise advice. Professional advice should be obtained before attempting to address any legal situation or problem.
AGENDA
OFCCP and EEOC focus
Why applicant tracking focus
Translating compliance requirements into ATS
Common pitfalls to avoid
Top 5 to review
Analyzing ATS data
THE PERFECT STORM IS BREWING
EEOC and OFCCP are both becoming more
focused on failure to hire
The U.S. Equal Employment Opportunity
Commission (EEOC) released their strategic plan
for fiscal years 2012-2016, which “establishes
priorities and combines the components of
EEOC’s private, public, and federal sector
enforcement.”
The six priorities included:
Eliminating barriers in recruitment and hiring
THE PERFECT STORM IS BREWING
Recruitment and hiring are high risk areas for
employers
The OFCCP has become increasingly more
aggressive during audits
Failure to hire accounts for vast majority of
conciliation agreements containing fines
Applicant data is used in your defense during:
EEOC investigation
Lawsuit
OFCCP audit
REGULATORY REQUIREMENTS
Executive Order 11246
Title VII UGESP
ADAAA
NON-COMPLIANCE COSTS
What is at stake?
Systemic discrimination findings
“Back pay” awards / settlements in the
hundreds of thousand or even millions of
dollars
Forced offers
Bad publicity
Increased agency scrutiny
WHY FOCUS ON APPLICANT TRACKING?
WHY APPLICANT TRACKING FOCUS?
The Uniform Guidelines on Employee Selection
Procedures (UGESP) are used by the courts to
determine if unlawful hiring practices were the
basis of discrimination claims
Applicant tracking is recommended by these
guidelines for all employers obligated under
Title VII and can be done pre-hire when part of
an employer’s decision to follow the guidelines
WHY APPLICANT TRACKING FOCUS ?
Employers may need applicant data to measure
the validity of a selection procedures
Tests
Background checks
Etc.
Can help prevent / defend in lawsuits
Collecting selection information
Providing data for defense
Documentation of job qualifications
All with proper use
WHY APPLICANT TRACKING FOCUS ? If your company has to be compliant with EEOC
and/or OFCCP; you are required to keep applicant
flow data and additional records
This is made simpler with an applicant tracking
systems to track the required data and generate
reports
Next week’s regulations (Section 503 & VEVRAA)
increase recordkeeping and other data collection
requirements for federal contractors
ATS: FRIEND OR FOE
During an EEOC investigation or OFCCP
compliance review; your ATS can be an ally or
adversary to your case
Let’s discuss how to make your ATS work to aid
in your compliance
TRANSLATING AA/EEOC REGULATIONS
INTO RECRUITMENT REQUIREMENTS
DEFINITION OF AN APPLICANT
The EEOC and OFCCP use different definitions
of an applicant
The OFCCP definition allows you to “weed out”
based on basic qualifications
ATS should be able to report on all individuals
who apply in order to comply with both agencies
INTERNET APPLICANT - EEOC
Employer Acts to Fill a Particular Position
Job Seeker Follows Standard Application Process
Job Seeker Has Expressed Interest in a Specific Position
INTERNET APPLICANT RULE - OFCCP
The four prongs to the Internet Applicant Ruling:
Must meet all 4 to be an applicant
Expresses
Interest
Considered
Meets Basic Qualifications
Does Not Withdraw
RECORD KEEPING & ATS
Track the following:
Expressions of interest (applications, resumes, etc.)
Each stage of the recruitment process for applicants
Reason for non-selections at each stage (disposition codes)
Selection decisions at every stage
All tests and the results (hot area)
Background checks & results
Accommodation requests/results
Job posting information
Job descriptions & qualifications
Interview notes/forms
RECORD KEEPING & ATS
EEOC regulations require that private employers keep
all personnel and employment records for one year
If an employee is involuntarily terminated,
personnel records must be retained for one year
from the date of termination.
If a charge or civil action is filed under Title VII, ADA,
GINA, or by the Commission
Keep all related records until final disposition of charge or
action
RECORD KEEPING & ATS
The OFCCP has different recordkeeping obligations
depending on the data element
There are many data points under the new OFCCP
regulations that require 3 years record retention,
instead of 2 years
Configure ATS and recordkeeping procedures to keep
data for the appropriate period of time
RECRUITER TRAINING
Train recruiters on the process changes as well
as the technology changes
Make sure compliance is part of the training
Do they understand why these requirements are
necessary?
Recruitment Compliance
Technology Recruitment
Efficiency
COMMON PITFALLS TO AVOID
Accepting ATS vendor defaults
Disposition codes
Stages
Statuses
Many times companies don’t even know what half the
values would ever be used for
Saving money now, can cost later….
SKIMPING ON IMPLEMENTATION
NOT REEVALUATING PROCESS
Not mapping recruitment process prior to implementing
new technology
Taking an existing process designed to work without an
ATS and recreate it inside the ATS
Missing large gaps of the recruitment process because it
was too difficult to capture manually or with the
previous system
Apply Review Interview 1
Interview 2
Offer References
Hire
RANKING & SCORING
Proceed with Caution
Using screening tools to rank and/or score
Basic qualifications vs. preferred
Hiring managers preferences
When is it a test?
If they can pass or fail; it is a “test” in the eyes of
the UGESP
Applies to both EEOC and OFCCP
ACCESSIBILITY & EQUAL OPPORTUNITY
Not testing site and application for universal design
No accommodation process for applicants
Accommodation statement for applicant
Tracking requests and results
EEO rights not shared with applicants via online
application
INADEQUATE TRAINING
Not training recruitment team on changes in
process- just the technology
Not clearly outlining what must be tracked
Not considering the requirements and how the
technology addresses them
No Data = No Defense
EMPLOYEE REFERRAL BLACK HOLE
No referral process:
Referrals considered before applying
Improper tracking on referrals
Pre-selection = Word of mouth recruitment
All lead to a diminished defense
RESUME SEARCHES
Ranking on preferred
Not tracking: internal & external
No Data Management Technique (DMT)
THE HIRING MANAGER (“HM”) & THE ATS
Unrestricted HM access to ATS can cause issues
Creating applicants by reviewing resumes
No disposition reasons applied to decisions
Pre-selection of applicants
Giving applicants to the recruiters to process hire
THE TOP 5
#1: DISPOSITION CODES
Too many
Too few for defense
Not used to limit applicant pool
Inconsistently applied
Recruiters have their “favorite” codes
System processes the hire vs. applicants
Missing steps in the process
Manually added candidates may be input at later
stages only
Cannot tell the story of recruitment process
#2: RECRUITMENT STAGES
#3: APPLICANT HISTORY
Does your ATS vendor provide as standard report
Home grown systems may not be logging the
history
Moving candidates straight from applied to hired
Missing interviews (1st, 2nd, 3rd)
Only tracking an offer for hires
#4: REPORTING
Can you report out on the data you may need in
an investigation or audit
Resumes and applications
Job descriptions including minimum qualifications
All posting info: what and where
All who apply: advertisements, referrals, etc.
Applicant flow history
Race, gender, ethnicity of applicants
Reports set up for AAP plan development
#5: JOB POSTINGS
Many systems only track the external and
internal postings (maybe a few of the big ones)
Major and niche job boards not tracked
Not tracking what was posted
Post and pray outreach
VEVRAA requirements
HOW TO ANALYZE THE DATA
Review previous year’s data
Stage tracking, search logs, job postings
Look for trends
Focus your analysis on the hires
If you don’t track it on your hires you won’t on the
others !
WHERE TO START ?
REVIEW SAMPLE REPORTS
Do you reports give you the information you
would need during an investigation or compliance
review?
Information needed for affirmative action plan
generation
Recruitment metrics
CONTACT
David Scheffler Vice President of Compliance
Pinnacle HR Consulting Services
(770) 693-7288
Jeff Baker Vice President
Pinnacle HR Consulting Services
(404) 549-9373