the new world of ofccp compliance reviews (final).ppt new world of ofccp compliance revi… · the...

The New World of OFCCP The New World of OFCCP Compliance Reviews

A Presentation by Bill Osterndorf Presidentby Bill Osterndorf, PresidentHR Analytical Services

September 13, 2013

The New World of OFCCP Compliance Reviews

Bill Osterndorf President

A Presentation by:

Bill Osterndorf, PresidentHR Analytical Services

Disclaimer – this presentation is not to be interpreted as legal advice. This document provides information of a general nature. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. Additional facts or information or future developments may affect the subjects addressed in this document. You should consult a lawyer about your particular circumstances regarding any of this information because it may not be applicable to your situationany of this information because it may not be applicable to your situation.

All original materials in this presentation copyright © HR Analytical Services, 2013For reproduction rights, please contact HR Analytical Services

The New World of OFCCP Compliance ReviewsSeptember 13, 2013

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Presenter BioPresenter Bio

HR Analytical ServicesHR Analytical Services provides a complete range of affirmative action services to companies throughout the nation. The firm helps companies comply with laws enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and other regulatory agencies. HR Analytical Services closely tracks trends and new developments at OFCCP and provides innovative and practical solutions for clients before and during regulatory reviews.

Bill Osterndorf – President, HR Analytical ServicesA leader in helping companies that must deal with the many complexities in the federal affirmative action realm, Bill Osterndorf has been involved in the affirmative action/equal opportunity field for 30 years. He has extensive knowledge of the affirmative action laws and how these laws are being implemented and followed. As part of his work on affirmative action issues, Bill has acquired a specialization in dealing with computer applications and HR information systems He dealing with computer applications and HR information systems. He was the chief architect for the Society for Human Resource Management’s position statement on applicants and co-author of SHRM responses on a variety of OFCCP proposals. Bill is a former president of the southeastern Wisconsin SHRM chapter and current chairman of the


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Milwaukee Industry Liaison Group.

Background on Affirmative Action in Background on Affirmative Action in Employment

I Affi ti A ti D d?Is Affirmative Action Dead?

• It may be…in educational admissions▫ Supreme Court’s decision in Fisher v. University of Texas provides no clear

guidance▫ Court basically ignored requirement for a compelling state interest and focused

on whether remedy was narrowly tailoredon whether remedy was narrowly tailored

• It may be…in other realms such as set-asides in contracting▫ Earlier Supreme Court cases (e.g. Adarand Construction Inc. v. Pena) limit set-

asides▫ State and local governments may be withdrawing from set-asides

• It seems alive in employment but• It seems alive in employment, but…▫ OFCCP is very active in enforcing the federal regulations regarding affirmative

action in employment▫ Question: is OFCCP actually focused on “affirmative action”?


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T T k D i OFCCP R iTwo Tracks During an OFCCP Review

• Affirmative Action Track▫ Focuses on outreach efforts▫ OFCCP evaluates specific efforts made to find members of protected groups

• Equal Opportunity Track▫ Focuses on discrimination▫ OFCCP evaluates selection procedures and data to determine whether there are

disparities between groupsdisparities between groups


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P 2009 OFCCP F d Fi di Di i i tiPre-2009: OFCCP Focused on Finding Discrimination

• OFCCP looked for a class of employees or applicants▫ Most discrimination cases involved entry-level hiring

• When looking for discrimination, OFCCP used statistics to find di itidisparities▫ OFCCP wanted to find statistically significant disparities▫ Examined applicant-hire ratios using a two standard deviation test

• OFCCP had some interest in how employees were paid▫ Reflected in 2006 compensation guidelines▫ Guidelines focused on systemic discrimination in compensation

• OFCCP had little interest in traditional affirmative action issues


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Wh t’ H i i T d ’ OFCCPWhat’s Happening in Today’s OFCCP

• The return of affirmative action▫ OFCCP reviews outreach during all compliance reviews▫ OFCCP reviews outreach during all compliance reviews

• OFCCP continues to investigate discrimination cases▫ OFCCP will now investigate cases involving small groups of applicants or ▫ OFCCP will now investigate cases involving small groups of applicants or

employees (even one or two people) as well as cases involving large groups▫ OFCCP will look for discrimination based on race or gender

Whites and males may now be the subject of a discrimination investigation OFCCP will examine racial subgroups (e g discrimination involving only Hispanics or only Asians) OFCCP will examine racial subgroups (e.g. discrimination involving only Hispanics or only Asians)

Note: recent ALJ decision (OFCCP v VF Jeanswear) limits comparisons of one racial sub-group against all other groups (i.e. can’t compare Asians vs. non-Asians)

• Current focus areas• Current focus areas▫ Issues concerning veterans and persons with disabilities▫ Compensation


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OFCCP I iti ti Si 2009OFCCP Initiatives Since 2009

• Veterans Regulations▫ Proposed April 2011, finalized August 2013

• Disability Regulations▫ Proposed December 2011, finalized August 2013

• Compensation▫ ANPRM August 2011 Directive 307 published February 2013▫ ANPRM August 2011, Directive 307 published February 2013

• Criminal Records▫ Directive 306 published January 2013Directive 306 published January 2013

• Federal Contract Compliance Manual▫ Announced July 2011, released August 2013


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OFCCP’s Focus on Veterans and Persons OFCCP’s Focus on Veterans and Persons with Disabilities

Th d NThen and Now

• Traditionally, OFCCP had shown little interest in issues concerning veterans and persons with disabilities▫ Regulations hadn’t changed for many years▫ Compliance officers requested little if any information on these classes

• Starting in 2009, OFCCP made a fundamental shift▫ Without warning, issues concerning veterans and persons with disabilities

became a major focus of all compliance reviewsbecame a major focus of all compliance reviews

• Why focus on veterans and persons with disabilities?▫ Large number of veterans returning from military conflicts▫ Move individuals from federal programs into private sector employment▫ Veterans are a highly active political group


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B i V t /Di bl d R i tBasic Vets/Disabled Requirements

• State employment service (SES) listings▫ OFCCP routinely asks for specific documentation of listings▫ Companies with multiple sites having difficulties with SES listings

• Review of mental and physical job requirements

• Review of policies▫ Family and medical leave▫ Veterans leave

Survey of employees for veteran and disability status• Survey of employees for veteran and disability status▫ Under regulations in effect as of September 13, 2013, NO requirement to survey

applicants for veteran or disability status


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A d ti f P ith Di bilitiAccommodation for Persons with Disabilities

• OFCCP routinely asks for records regarding requests for accommodationaccommodation▫ Request may be made by known person with a disability or known disabled

veteran▫ Where request is denied, OFCCP expects written rationale

• Who is a person with a disability?▫ ADA amendments significantly expanded the definition of who might be

considered a person with a disabilityconsidered a person with a disability▫ Problem: persons with disabilities frequently do not self-identify

• What is an accommodation?What is an accommodation?▫ Companies routinely accommodate conditions that would be considered a

disability▫ Problem: how to record these actions when employee has not self-identified


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Th N V t d Di bilit R l tiThe New Veterans and Disability Regulations

• Notices of proposed rulemaking published in 2011▫ Included extensive and extremely burdensome revisions to regulations▫ Included extensive and extremely burdensome revisions to regulations

• Final version of revised regulations made available by OFCCP in August 2013August 2013▫ Received by Office of Management and Budget (OMB) July 30 and 31; released

by OMB August 31▫ Awaiting publication in Federal Register

R i d l i b bli h d b f h i ff▫ Revised regulations must be published before they go into effect

• Federal contractors and subcontractors given 180 days to implement revised regulations after publication in Federal Registerimplement revised regulations after publication in Federal Register▫ Certain provisions delayed further based on AAP date

• OFCCP must publish changes to “scheduling letter”


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M j Ch i R i d R l tiMajor Changes in Revised Regulations• Requirement to collect and retain three years of data

▫ Number of applicants who are protected veterans or persons with disabilitiesNu be o appl ca ts w o a e p otected vete a s o pe so s w t d sab l t es▫ Total number of job openings and total number of jobs filled▫ Total number of applicants for all jobs▫ Total number of protected veterans and persons with disabilities hired

l b f l h d▫ Total number of applicants hired

• Benchmarks for hiring▫ 7% benchmark for persons with disabilities for all AAP job groups▫ 7% benchmark for persons with disabilities for all AAP job groups▫ 8% company-wide benchmark for protected veterans

Company can create their own veteran benchmarks using certain defined factors

• Other provisions▫ Assessment of effectiveness of outreach efforts, methodology for posting with

SES, new EEO clause for use in contracts▫ Removal of veterans regulations at 60-250


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▫ Removal of veterans regulations at 60-250

S i f V t d Di bilit St tSurveying for Veteran and Disability Status• Current regulations require survey of employees

▫ No requirement to survey applicants, in part because of concern about ADA No equ e e t to su vey appl ca ts, pa t because o co ce about prohibition on surveying applicants for disability

▫ Revised regulations require survey at “post-offer, pre-hire” stage

• OFCCP has letter from EEOC stating that federal contractors and subcontractors may survey applicants for disability status▫ Change in EEOC policy; appears to apply to current and revised regulations

• OFCCP will provide specific applicant survey forms

• Revised veterans regulations require applicant survey for • Revised veterans regulations require applicant survey for “protected veteran” status▫ Status as falling under any one of four classes covered by regulations at 60-300▫ Question: why not survey for each status?


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Quest o : w y ot su vey o eac status?

OFCCP’s Focus on Compensation

Th d NThen and Now

• OFCCP has had interest in compensation since the mid-1990’s▫ Equal opportunity survey from early 2000’s had compensation component

• 2006: OFCCP publishes compensation guidelines▫ Informed federal contractors of agency’s intentions to examine contractor

compensation data for systemic discrimination▫ Provided self-audit process▫ Used multiple regression on “similarly situated employee groups” (SSEGS) for p g y p y g p ( )

examining compensation disparities

• 2009: OFCCP begins extensive focus on compensation▫ OFCCP quotes studies showing significant issues involving women and minorities▫ OFCCP begins looking at “cohort” (one-to-one) analyses again▫ February 2013: OFCCP withdraws 2006 guidance and issues Directive 307


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Di ti 307Directive 307

• Gives OFCCP extensive flexibility in analyzing compensation▫ OFCCP can analyze large groups small groups or compare individual employees▫ OFCCP can analyze large groups, small groups, or compare individual employees▫ OFCCP can use multiple regression and other statistical tools, basic

comparisons, or any other form of analysis▫ OFCCP can review “any payments made to an employee”

Base pay, overtime, commissions, bonuses, stock options, etc.

• OFCCP may analyze factors that may affect compensation▫ Assignment to particular jobs sales regions etc▫ Assignment to particular jobs, sales regions, etc.▫ Training provided to certain classes of employees▫ Shift assignments

• OFCCP may conduct analyses using “Pay Analysis Groups”▫ Pay analysis group – grouping of employees who are “comparable for purposes of

the contractor's pay practices”Does not seem to require employees to be similarly situated


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▫ Does not seem to require employees to be similarly situated

OFCCP Inquiries Regarding CompensationOFCCP Inquiries Regarding Compensation• OFCCP may request extensive compensation-related data from

contractors▫ Examples of data requested:

Gender; race/ethnicity; time with company; time in current position; date of birth; annual base salary; full-time or part-time status; exempt or non-exempt status; job title; job group; salary grade/salary level/salary band classification; location; commissions, overtime, tips, bonuses, shift differential, and all forms of compensation

• OFCCP may ask for phone conference with compensation manager▫ OFCCP asks questions about compensation programs and implementation▫ OFCCP asks questions about compensation programs and implementation▫ Examples of questions:

Who determines the rate of pay that an employee receives at time of hire? Does an applicant have the flexibility to negotiate?

l d d h How are salary increases determined? Are there any exceptions? Are salary increases monitored? How are promotions handled within your compensation systems? Do you reimburse for specific types of education or training?


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Are salaried or management employees entitled to incentives/bonuses?

OFCCP H Sh F R lt f It Eff tOFCCP Has Shown Few Results for Its Efforts

• OFCCP has spent approximately $120 million in investigating compensation discrimination since 2010

• Agency has taken in less than $1 million in settlements for alleged victims of discrimination▫ Generally, small number of employees at issue▫ One systemic discrimination settlement since 2010

A t Z id $250 000 i J 2011 AstraZeneca paid $250,000 in June 2011

• Contractors have been reluctant to provide comprehensive data▫ Generally, contractors provide information on base salary onlyy, p y y

• Why does OFCCP keep trying?▫ Major political initiative of the Obama administration


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P bl f F d l C t t f C I i iProblems for Federal Contractors from Comp Inquiries

• Contractors lack effective data▫ Contractors do not have data on salaries at previous companies and previous

experience that may help to explain starting salaries▫ Contractors fail to keep market data that was used to determine salaries▫ HR systems cannot produce data on all compensation components▫ HR systems cannot produce data on all compensation components

• Contractors fail to follow internal procedures▫ Compensation increases awarded for reasons other than merit or promotionp p▫ Discrepancies occur between hiring managers in determinations on initial pay

and increases▫ “Red-circling” and other practices used

• Contractors do not monitor activities that may affect pay▫ Training, rotational assignments, shift premiums, sales territory assignments,

other employment practices affecting pay


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p y p g p y

OFCCP’s Approach During Compliance OFCCP’s Approach During Compliance Reviews

C li R i U d th N OFCCPCompliance Reviews Under the New OFCCP

• Much more complicated than reviews were five years ago▫ Multiple focus areas for OFCCP including areas that were of no interest until

2009 such as veterans issues and outreach▫ OFCCP is requesting extensive additional data and other information

• OFCCP is approaching reviews in an aggressive manner▫ OFCCP Head Patricia Shiu: “Affirmative action can no longer be measured by

good faith efforts”▫ “Federal contracts are a privilege, not a right”▫ OFCCP believes discrimination in the workplace is a very real problem for the

economy▫ OFCCP assumes that contractors know and have been following all regulations▫ OFCCP assumes that contractors know and have been following all regulations▫ OFCCP expects a quick response to questions and requests


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Th P liti f C li R iThe Politics of Compliance Reviews

• Politics influences the focus on veterans and persons with disabilities

• Politics influences the focus on compensation

• Politics influences the approach to business▫ General assumption of problematic conduct by business

Extensive regulatory reviews throughout the Department of Labor

• OFCCP desires to show results▫ The percentage of reviews ending in conciliation agreements is up dramatically

OFCCP wants to show that it is modernizing its approach to reviews▫ OFCCP wants to show that it is modernizing its approach to reviews Changes to regulations, requirement to submit data electronically, proposed new IT system

▫ HOWEVER: expenditures are up; the number of compliance reviews is down; the results of new initiatives are limited


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Ti li d St d di d R tTimelines and Standardized Requests

• With initial submission of AAP, 30 days means 30 days▫ OFCCP checking with contractors before AAP is submitted

• OFCCP frequently sends lengthy data requests with short deadlines f for response▫ Three to five business days not uncommon▫ Requests for additional time not necessarily granted

• OFCCP is using standardized requests▫ For information regarding veterans and persons with disabilities▫ For information regarding compensation

• OFCCP is requesting information on subjects not within its mandate▫ Maternity leave policies, data on veterans and persons with disabilities in the

kf d t di bilit l t d l t


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workforce, data on disability-related leaves, etc.

OFCCP i E i i P ti d R t ti IOFCCP is Examining Promotion and Retention Issues

• OFCCP uses a standard deviation test to determine problems▫ The agency may request information for isolated cases, but typically asks for

data when there are two standard deviations worth of adverse impact Question: Is this the right test? What about three standard deviations? Fisher’s Exact?

• Promotion issues▫ Agency may request posting records, selection criteria, interview notes, etc.▫ Federal contractors need to define what actions are “promotions”

• Retention Issues▫ OFCCP primarily interested in situations where employees leave involuntarily

H t i f ti ll l i However, agency may request information on all persons leaving

▫ Agency may request personnel files, documentation of problems, etc.▫ Compliance officer may contact individuals who have left the company


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OFCCP i U di t blOFCCP is Unpredictable

• During the Bush administration, reviews would typically close absent a statistical significant disparity

• During the Obama administration, OFCCP may focus on many issues during a review▫ Outreach, documentation, accommodation, SES postings, compensation,

progress towards meeting placement goals, hiring, promotion, retention, record-keeping manager training etcrecord-keeping, manager training, etc.

• Despite public announcements, OFCCP does NOT always request compensation datap▫ Absence of discernible disparities in initial submission may help▫ There appears to be less interest in pay for hourly production employees


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OFCCP and Hiring

OFCCP d Hi iOFCCP and Hiring

• The review of applicant data is a key component of OFCCP compliance reviews▫ Companies must submit numeric information on applicants and hires at the start

of a review▫ OFCCP looks for statistical disparities▫ OFCCP looks for statistical disparities

• OFCCP starts with statistics, may move to other materials▫ Other materials requested where there is evidence of discrimination esp ▫ Other materials requested where there is evidence of discrimination, esp.

where data has statistical significance▫ Other materials may include resumes, job postings, job descriptions, interview

notes, etc.

• OFCCP expects companies will hire the best qualified candidate▫ Companies undergoing review may be asked to prove they hired the best

qualified candidates


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qualified candidates

Wh D OFCCP C Ab t A li t D t ?Why Does OFCCP Care About Applicant Data?

• That’s where the money is▫ OFCCP reaches settlements every year with federal contractors involving

millions of dollars in back pay for hiring discrimination▫ OFCCP announces settlements with contractors on its website on a regular basis

• Financial settlements demonstrate OFCCP’s value▫ OFCCP uses information on financial settlements to support budget requests

• Recent major financial settlements involving hiring▫ Baldor Electric (June 2012): Paid $2 million; involved hiring of minorities and

females▫ FedEx (March 2012): Paid $3 million; involved hiring at multiple locations▫ Green Bay Dressed Beef (February 2011): Paid $1.65 million; involved hiring of

Hispanics


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OFCCP’s “Internet Applicant” Rule

• Limits investigations to applicants who might actually be hiredLimits investigations to applicants who might actually be hired▫ OFCCP wants to avoid review of information on persons who could not be part

of a systemic discrimination claim▫ OFCCP wants companies to develop procedures that give proper consideration

to qualified candidatesto qualified candidates

• When rule applies, only Internet applicants can be subjects of hiring discrimination claimhiring discrimination claim▫ In theory, Internet applicants are the only viable candidates

• Name is a misnomer• Name is a misnomer▫ “Internet Applicant” = person who could be hired into open position


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Th F P t T tThe Four-Part Test

• Four-part test to be an “Internet applicant”1. Applicant must submit an expression of interest2. Applicant must be considered for a particular position3. Applicant must meet basic qualifications4 Applicant must not withdraw from consideration4. Applicant must not withdraw from consideration

• Test not focused on how people apply▫ Someone who applies via the Internet may not be an “Internet applicant”Someone who applies via the Internet may not be an Internet applicant▫ Someone who does not apply via the Internet may be an “Internet applicant”

• Four-part test is applied to each open positionou pa t test s appl ed to eac ope pos t o


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J b S k Wh M N t B I t t A li tJob Seekers Who May Not Be Internet Applicants

• Job seekers not considered for a particular position▫ Job seekers must follow company protocols in order to be “considered”▫ Examples of limitations

Job seekers who do not provide or complete required materials Job seekers who apply late Job seekers who do not apply for a specific opening Job seekers living outside of a defined geographic area

▫ Company can use data management techniques to limit job seekers

• Job seekers who do not meet basic qualifications▫ Basic qualifications must be objective, non-comparative, and job-related

• Job seekers who withdraw▫ Active withdrawal through expressed lack of interest▫ Passive withdrawal through failure to respond


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▫ Withdrawal by job seeker having a requirement the company cannot meet

C P bl ith S l ti PCommon Problems with Selection Process

• Considering persons who do not meet basic qualifications

• Failing to properly define basic qualifications▫ “Good communications skills” is not a basic qualification▫ “Bachelor’s degree or equivalent” is not a basic qualification

• Inconsistencies in considering candidates▫ Example: considering late applicants for certain positions▫ For OFCCP, the exception will define the consideration process

Considering candidates for openings where they didn’t apply• Considering candidates for openings where they didn’t apply▫ Example: job seeker applies for assembler position, is hired for welder position

without applying for welder▫ OFCCP may consider all candidates for original opening as candidates for new


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y g p gopening

Provide OFCCP with Data on Internet Applicants OnlyProvide OFCCP with Data on Internet Applicants Only

• At the start of a compliance review, OFCCP requests statistical data on applicants and hireson applicants and hires▫ No requirement to initially submit applicant logs or other materials▫ Must provide summary data for the prior AAP year

Must provide summary data for the current AAP year if more than six months into AAP year

• Why provide information on fewer applicants to OFCCP?▫ A smaller number of applicants limits the chances for a statistical disparity

• Reports from applicant tracking systems (ATSs) should differentiate Internet applicants from other job seekers

S i i l i f ATS h ld ll l h i i d b OFCCP▫ Statistical summaries from ATS should parallel what is required by OFCCP

• Proper dispositioning of candidates is criticalDi iti d t i h th j b k i I t t li t


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▫ Dispositions determine whether a job seeker is an Internet applicant

C P bl ith Di iti iCommon Problems with Dispositioning

• Failing to fully disposition all candidates on a requisition

• Mass dispositioning candidates after a recruitment is closed▫ Example: showing all candidates as “not hired” except candidate who is selected

• Using an inappropriate disposition▫ Example: dispositioning candidates who are not minimally qualified as “others

better qualified”▫ Example: “More suitable candidate selected” rather than “experience-OBQ

education” or “no longer interested”

• Failing to use dispositions that would properly remove candidates who are not Internet applicants from applicant data▫ Remember: only “Internet applicants” are included in statistical analyses


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Remember: only Internet applicants are included in statistical analyses

Wh t t D ith Sit ti Wh Th i N HiWhat to Do with Situations Where There is No Hire

• Situations where no one is selected▫ Where there is no selection, there is no nexus between applicants and hire

OFCCP can’t use statistics to find discrimination in selection process Issue: why was there no selection?

▫ Option: remove all applicants from applicant data provided to OFCCP where no Option: remove all applicants from applicant data provided to OFCCP where no one is selected

• Situations where an internal candidate is selected▫ While the Uniform Guidelines focus on “selection,” OFCCP in practice focuses

on hires See regulatory materials associated with Internet applicant rule

▫ Option: remove all applicants from applicant data provided to OFCCP where an ▫ Option: remove all applicants from applicant data provided to OFCCP where an internal candidate is selected


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Preparing for a Compliance Review in Preparing for a Compliance Review in the New World

P Eff ti Affi ti A ti PlPrepare an Effective Affirmative Action Plan

• The AAP is a company’s first line of defense

• AAPs should include all required statistical and narrative reports

• The AAP should reflect your company and its unique circumstances▫ Avoid “boilerplate” language or “canned” reports

• Update the AAP annually▫ All statistical reports should be re-done▫ Narratives should change to reflect new circumstances and new regulations

• Understand where statistics suggest there are issues▫ Statistical reports on personnel activity are especially critical


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M k d D t O t h Eff tMake and Document Outreach Efforts

• Outreach efforts should target ALL protected groups▫ Should be specific and differentiated regarding minorities, females, veterans,

and persons with disabilities

D t ifi t h ff t f i di id l iti• Document specific outreach efforts for individual positions▫ Generalized outreach is NOT SUFFICIENT▫ Must be able to show particular efforts for specific openings▫ Must have documentation of specific referral sources that are contacted▫ Must have documentation of specific referral sources that are contacted

• Track results of outreach efforts▫ Have data available on number of minorities females veterans and persons Have data available on number of minorities, females, veterans, and persons

with disabilities hired▫ Use applicant tracking to evaluate where candidates came from▫ Use different recruitment sources if current sources cannot provide minorities,

females veterans and persons with disabilities


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females, veterans, and persons with disabilities

M t R i t R di V tMeet Requirements Regarding Veterans

• Make and document outreach efforts to find veterans

• List all covered openings with the state employment service▫ Executive opening, openings filled internally, and openings of three days or less

do not need to be listed▫ NO exception for confidential searches, highly-skilled professional positions,

and other specialized searches▫ Situations where temporaries from agencies are converted typically do not need Situations where temporaries from agencies are converted typically do not need

to be listed Issue: should temporary agencies be listing openings with the SES?

• Survey employees concerning veteran status▫ Consider re-survey if current data is incomplete or inaccurate

l h


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• File the VETS-100A report

M t R i t R di P ith Di bilitiMeet Requirements Regarding Persons with Disabilities

• Make and document outreach efforts

• Provide reasonable accommodation for applicants and employees▫ Document accommodation efforts and decisions not to accommodate

• Review mental and physical requirements for all jobs

• Ensure that on-line application system is accessible

• Survey employees concerning disability statusy p y g y▫ Consider re-survey if current data is incomplete or inaccurate


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R i C ti S t d D i iReview Compensation Systems and Decisions

• Know how decisions are made regarding initial pay and subsequent increases▫ Document factors used in decision-making process

Previous salary? Previous experience? Performance? Promotion?

• Limit the number of exceptions made to compensation policies▫ Communicate compensation policies to hiring managers▫ Establish rules regarding situations where managers request exceptions▫ Establish rules regarding situations where managers request exceptions

• Review compensation of employees for disparities▫ Should be completed under supervision of legal counsel▫ Should be completed under supervision of legal counsel▫ Determine whether there are disparities involving race or gender for similarly

situated employees Focus on job titles and pay grades


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Monitor the Selection Process

• Develop basic qualifications for all openings▫ Have both basic and preferred qualifications▫ Ensure that candidates who are hired meet basic qualifications▫ Do not change qualifications in the midst of considering candidates

• Require candidates to express interest in specific positions▫ Consider candidates only for those positions in which they expressed interest

• Ensure that there is effective tracking of applicants▫ Properly survey Internet applicants for race and gender

• Compare applicants to hires▫ Determine if there are disparities involving race and gender


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U Eff ti Di itiUse Effective Dispositions

• Effective dispositions ask:▫ When was the candidate no longer under consideration?▫ Why did the candidate fall out of the selection process?▫ Who made this decision?

• Examples of ineffective dispositions▫ “Reviewed,” “Not Chosen,” “Declined,” “New Applicant”

• Examples of effective dispositions▫ “Prescreen: ineligible for re-hire (per HR)”▫ “Phone screen: did not meet education requirement (per HR)”▫ Phone screen: did not meet education requirement (per HR)▫ “Candidate compensation requirements too high (per hiring manager)”


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Oth A ti t T kOther Actions to Take

• Ensure that all required posters are up

• Ensure that all tests are properly validated▫ Consider eliminating the use of tests

• Ensure that required clauses are included in purchase orders

• Include EEO taglines on all advertisements

• Limit the use of criminal background informationLimit the use of criminal background information▫ Remove request for criminal background information from application forms

• Keep up on regulatory changes


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p p g y g

Websites

• The Office of Federal Contract Compliance Programs –http://www dol gov/ofccphttp://www.dol.gov/ofccp

• OFCCP Federal Contract Compliance Manual -http://www.dol.gov/OFCCP/regs/compliance/fccm/fccmanul.htm

• OFCCP’s revised regulations on veterans -http://www.dol.gov/ofccp/regs/compliance/vevraa.htm

OFCCP’s revised regulations on persons with disabilities • OFCCP s revised regulations on persons with disabilities -http://www.dol.gov/ofccp/regs/compliance/section503.htm

• OFCCP Compensation Directive -http://www dol gov/ofccp/regs/compliance/CompGuidance/index htmhttp://www.dol.gov/ofccp/regs/compliance/CompGuidance/index.htm

• USASpending.gov – http://www.usaspending.gov (used to determine whether a company is a federal contractor)


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C t t I f tiContact Information

Bill OsterndorfHR Analytical Services

Phone: 414.525.1972 ext. 202l d f h l lE-mail: [email protected]

Website: http://www.hranalytical.comBlog site: http://aaresource.blogspot.com


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