Online outreach and reporting for new OFCCP regulations for veterans & disabled


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Learn about:
• OFCCP mandated requirements and regulations and how they impact your organization
• A novel and comprehensive approach to do Internet outreach for compliance, including mobile and social tools
• A complete recordkeeping and analytic system that is essential to prove your efforts in preparation for a compliance evaluation

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Online outreach and reporting for new OFCCP regulations for veterans & disabled

  1. 1. Diversity Outreach and Data Reporting for a Robust Good Faith Effort for OFCCP Compliance Rathin Sinha President, America’s Job Exchange Ahmed Younies President/CEO, HR Unlimited February 05, 2014 America’s Job Exchange 187 Ballardvale Street, Suite B110 Wilmington, MA 01887
  2. 2. Webinar Hosted By America’s Job Exchange HR Unlimited  HR Services for Affirmative Action Programs, Training and Compensation  A market leader for online recruitment outreach and OFCCP compliance  Subject Matter Experts for EE/AAP Legal Counsels, Statisticians, Compensation Consultants, and Performance Management  Specialist in veteran and disabled outreach, and mandatory job listings on state system  Serves hundreds of Fortune 2000 enterprises and hundreds of SMB businesses  Diverse clients from Fortune 500 to SMB nationwide – 12 years in Business  Offers a complete suite of recruitment, branding and compliance products  Services Mission is to provide superior, client focused, cost effective specialized Human Resources solutions  Successor to the DOL’s pioneering America’s Job Bank (AJB) program Page 2 Visit or Call 1-866-923-6284
  3. 3. Today’s Speakers Ahmed Younies Rathin Sinha President/CEO HR Unlimited, Inc. President America’s Job Exchange, Inc. Page 3 Visit or Call 1-866-923-6284
  4. 4. Today’s Agenda  Overview of OFCCP Regulations  AAP - Foundation of Compliance Program & Management Tool  Good Faith Efforts (GFEs) – Driving Accountability  Common Violations of GFEs  Outreach Options  Online Outreach  Reporting and Recordkeeping Page 4 Visit or Call 1-866-923-6284
  5. 5. Disclaimer This presentation is not legal advice but only intended to stimulate discussions among industry participants and practitioners interested in the recent developments and regulatory changes mandated by the Office of Federal Contract Compliance Program (OFCCP). Page 5 Visit or Call 1-866-923-6284
  6. 6. Regulations OFCCP Enforces  EO 11246 – Equal Employment “prohibits federal contractors and subcontractors and federally-assisted construction contractors and subcontractors that generally have contracts that exceed $10,000 from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. It also requires covered contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.”  Good faith efforts may include expanded efforts in outreach, recruitment, training and other activities to increase the pool of qualified minorities and females. The actual selection decision is to be made on a non-discriminatory basis.  41 CFR 60-2.35: “… Each contractor’s compliance with its affirmative action obligations will be determined by reviewing the nature and extent of the contractor’s good faith affirmative action activities … and the appropriateness of those activities to identified equal employment opportunity problems.” Page 6 Visit or Call 1-866-923-6284
  7. 7. Regulations OFCCP Enforces -The New RulesVEVRAA, As Amended – Protected Veterans Section 503, As Amended – IWDs  A benchmark equal to the national percentage of veterans in the civilian labor force, which will be posted and updated annually by OFCCP in the anticipated Benchmark Database  A nationwide 7% utilization goal for qualified IWDs. Conduct an annual utilization analysis and assessment of problem areas. Establish specific GFEs programs to address any identified problems.  Document and update annually quantitative comparisons for veterans-applicants and hires.  Document and update annually quantitative comparisons for IWDs-applicants and hires.  Purpose – to measure the effectiveness of outreach and recruitment efforts.  Purpose – to measure the effectiveness of outreach and recruitment efforts.  The data must be kept for three years to track trends.  The data must be kept for three years to track trends. Page 7 Visit or Call 1-866-923-6284
  8. 8. Regulations OFCCP Enforces -The New RulesVEVRAA, As Amended – Protected Veterans Section 503, As Amended – IWDs  Invite applicants to self-identify as “protected veterans” at both pre-offer and post-offer  Invite applicants to self-identify as IWDs at both the pre-offer and post-offer  Invite employees to self-identify as IWDs every five years, using the anticipated OFCCP prescribed language  Ensure posting of job openings with the appropriate State or local job service Page 8 Visit or Call 1-866-923-6284
  9. 9. AAP – Foundation of Compliance Program Adverse Impact IV – Evaluate Action Plan of GFEs and revise if necessary I – Develop Annual AAP -Gap Analyses- Utilization AAP III – Design & Implement Applicable GFEs Page 9 Visit or Call 1-866-923-6284 II – Identify Indicators /Problem Areas
  10. 10. AAP – Utilization Analysis Laborers Representation 84.62% 90.00% Laborers Availability 80.00% 80.00% 70.00% 70.87% 70.00% 60.00% 60.00% 50.00% 50.00% 40.00% 30.00% 30.00% 20.00% 20.00% 10.00% 0.00% 41.17% 40.00% 10.00% 2.56% Female 0.00% Minority Female Operatives Availability Operatives Representation 60.00% 53.33% Minority 60.00% 50.00% 40.00% 40.00% 30.00% 30.00% 20.00% 20.00% 10.00% 48.32% 50.00% 10.00% 10.12% 0.00% 0.00% Female 0.00% Minority Female Page 10 Visit or Call 1-866-923-6284 Minority
  11. 11. AAP – Adverse Impact Analysis  Adverse impact is determined by a four step process: 1) Determine selection rates. Calculate the rate of selection for each group (divide the number of persons selected from a group by the number of applicants from that group) 2) Determine the highest selection rate 3) Calculate the impact ratios, by comparing the selection rate for each group with that of the highest group (divide the selection rate for a group by the selection rate for the highest group) 4) Compare selection rates. Observe whether the selection rate for any group is substantially less (usually less than 4/5ths or 80%) than the selection rate for the highest group Page 11 Visit or Call 1-866-923-6284
  12. 12. Good Faith Efforts – Driving Accountability  Affirmative Action to increase the pool of qualified candidates Outreach – External Labor Market Training & Promotion – Internal Labor Market (Workforce)  Recent emphasis on accountability and measurement Goal setting  Protected Veterans - based on either the national percentage of veterans in the workforce, or the best available data for the establishment  IWDs - A nationwide 7% utilization goal for qualified IWDs.  Goals established under the EO 11246 as applicable Page 12 Visit or Call 1-866-923-6284
  13. 13. Good Faith Efforts – Driving Accountability  Emphasis on accountability and measurement Data collection –  Job Posting  Making Self-Identification form/questionnaire available  Recordkeeping: • Number of applicants (Protected Veterans, IWDs, All Applicants) • Number of Hires (Protected Veterans, IWDs, All Applicants) • Total number of job openings and jobs filled • Keep records for three years Results – Evaluation and Continuous Improvement  Identify goals to establish  Customize a Good Faith Efforts (GFEs) Program to correct problem areas Page 13 Visit or Call 1-866-923-6284
  14. 14. Example of Violations Page 14 Visit or Call 1-866-923-6284
  15. 15. Number of Reviews per Industry FY2008-FY2013 9000 8000 US DOL Data Enforcement 7640 7000 6000 5000 4000 3000 2000 1000 0 3440 2467
  16. 16. Top 5 Violations FY2009-2013 3500 US DOL Data Enforcement 2941 3000 2443 2500 2000 1739 1500 1272 951 1000 500 0 Recruitment Record Keeping Past Performance Or Support Written AAP Other
  17. 17. Example of Violations  Example 1: Failure to post on state employment delivery systems  XYZ, LLC did not list all suitable employment openings with the appropriate local employment service delivery system and/or the office of the state employment service system where the openings occurred. 41 CFR 60-300.5(a)2-6  Example 2: Failure to do veterans outreach  XYZ, LLC did not undertake appropriate outreach and positive recruitment for veterans, disabled veterans, and individuals with disabilities for available employment opportunities. Specifically, XYZ, LLC did not undertake appropriate outreach and positive recruitment activities when opportunities were available as required. 41 CFR 60-741.44(f) and 41 CFR 60-300.44(f)  XYZ, LLC had job opportunities from January 1, 2013 to December 31, 2013 but did not demonstrate that any action-oriented efforts were taken to recruit qualified veterans, disabled veterans or individuals with disabilities. Page 17 Visit or Call 1-866-923-6284
  18. 18. Example of Violations  Example 3: Failure to include tag line in job advertisements • XYZ, LLC failed to include the EEO/Sex tagline in job advertisements, including those found on their website, in accordance with 41 CFR 60-1.4.  Example 4: Failure to include Progress toward Goal. • XYZ, LLC failed to include prior year goal progress in their AAP. 41 CFR 60-2.10 (a), 16 (a). Page 18 Visit or Call 1-866-923-6284
  19. 19. Internet Outreach and Reporting Job Opening Page 19 Visit or Call 1-866-923-6284
  20. 20. Recap of Key Regulatory Revisions  Hiring Benchmark/ Utilization Goals • Maintain 8% ‘hiring benchmark’ for protected veterans and 7% ‘utilization goal’ for IWD  Self Identification • Invite applicants to self identify as protected veterans/IWD at both pre-offer or post-offer phases  Records Access • OFCCP has authority to review documents and contractor must provide in requested format  Mandatory Job Listings ( VEVRAA Only) • Format and manner of postings at the appropriate state or local job service  EEO Clause Incorporation • Incorporation of EEO clause in postings to include “protected veteran” and “IWD”  Data Collection • Documentation and data annually quantitative comparisons to measure effectiveness Page 20 Visit or Call 1-866-923-6284
  21. 21. Recruitment Outreach  Outreach Methods • Contractor has flexibility to choose and utilize activities that are appropriate • Outreach and recruitment activities should be both off-line and on-line • Outreach and recruitment activities should cover all but also be veterans and IWD specific • Annual assessment of outreach and recruitment methods to evaluate effectiveness • Evaluations must be retained for three years to allow trend assessment of effectiveness  Mandatory Posting (VEVRAA Only) • Listings in a manner/format permitted by State Employment Service Delivery Systems (ESDS) • Indicate “VEVRAA Federal Contractor” and ask for priority referrals of protected veterans • Provide contact information for the contractor official responsible for hiring at location  EEO Statement • Add “Veterans”, “Individuals with Disabilities” in existing EEO statements in job listings Page 21 Visit or Call 1-866-923-6284
  22. 22. Essential Components of Recruitment Outreach Options  Online outreach provides massive reach while offline outreach builds 1-1 relations General Audience Community Specific State ESDS  Job search in large career sites  Job sites for veterans and IWD  Local 1-Stop center (DVOP/LVER)  Job search on smartphones  Job sites for minorities, women  State Job Banks  Job search on social media  Community based organizations  Inbound job emails (job alerts)  Offline Partnerships  High schools, community colleges  Military workforce transition programs  Chamber of commerce, professional org Page 22 Visit or Call 1-866-923-6284
  23. 23. Comprehensive 10 Step Outreach Program Job Opening Your Job Page 23 Visit or Call 1-866-923-6284
  24. 24. Proof and Effectiveness of Outreach  Proof of Outreach • Job postings in job boards via web, mobile, social media and partnerships • Postings in job sites specific for veterans and individuals with disabilities • Distribution to local community based organizations (CBO) and off-line partnerships  Proof of ESDS Distribution (VEVRAA Only) • Distribution to 1-Stop employment counselors, DVOPs and LVERS • Posting with the local and state ESDS job banks  Results of outreach • Aggregate view and clicks data showing overall number of ‘expression of interest’ • View and clicks data by source – general, veteran and disability specific, ESDS Page 24 Visit or Call 1-866-923-6284
  25. 25. Outreach Summary  Reports for the company as a whole or by division  Select date range for report  Detailed outreach and distribution information, including delivery method and date and time stamp  Exported to PDF and Excel format Page 25 Visit or Call 1-866-923-6284
  26. 26. Proof of Outreach: Individual Job Records  Individual job records detailing outreach and ESDS distribution  Links to job descriptions to check posting Page 26 Visit or Call 1-866-923-6284
  27. 27. Proof of Posting : AJE Website  Link to job description – Active or Expired  For expired jobs, look for start and expiry dates Page 27 Visit or Call 1-866-923-6284
  28. 28. Proof of Outreach: Veteran/Disability Partner Site  Screen shot of job posting at partner site for veterans  Check for sponsored job postings in aggregator sites used for general and veteran/IWD outreach Page 28 Visit or Call 1-866-923-6284
  29. 29. Proof of Outreach: ESDS 1-Stop, CBO, Other  Links to emails and CSV files as evidence of distribution to CBO, 1-Stop DVOPs/LVERs Page 29 Visit or Call 1-866-923-6284
  30. 30. Sample Career Center Pro Daily Mail  Daily Career news delivered with job listings within 25 miles of the center  Job description needs to be just one click away, along with ability to apply directly Page 30 Visit or Call 1-866-923-6284
  31. 31. Job Listing on ESDS Job Bank  Job postings delivered directly to multiple state ESDS for posting on state job banks Page 31 Visit or Call 1-866-923-6284
  32. 32. Proof of Outreach : State Job Sites  Screen shot of job postings on the state job sites  Look for job id provided by state ESDS in reporting portal distribution summary Page 32 Visit or Call 1-866-923-6284
  33. 33. Outreach Effectiveness  Look for ability to add tracking code to identify the source of each candidate  Make an effort to compare posting pattern with views and clicks to assess effectiveness of outreach Page 33 Visit or Call 1-866-923-6284
  34. 34. Drivers of Success  Active Involvement • Choose a service provider who has capabilities to preserve and protect data • Stay involved as contractor is ultimately responsible for regulatory compliance • Track regulatory developments and be active in discussion groups, ILGs and other • Ensure that job postings have all necessary information – location, salary, EEO  Partnership with Service Provider • Work with service provider to create and manage state ESDS posting credentials • Designate resource to be the HR contact for job postings and provide update to ESDS  Monitoring • Monitor job feed transmission reports to ensure that your jobs are reaching service provider • Monitor job distribution outreach and posting performance of your service provider • Stay in touch with your service provider account manager to ensure zero surprises at audit time Page 34 Visit or Call 1-866-923-6284
  35. 35. Thank You For more information, please contact: Rathin Sinha Ahmed Younies