Actional Tips to Meet Recordkeeping and Metrics Mandate by the OFCCP
 

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  • Before I jump into the new regulations, I want to spend some time covering the existing regulatory requirements regarding record retention periods as well as which records should be maintained. Then Ratheen will end today’s discussion with going over best practices for applicant and source records….very important discuss.
  • Recordkeeping is the #1 cited violation in conciliation agreements signed with the OFCCP and has continued to be one of the top 3 violations in the past several years. Make sure you are keeping copies of applications, test results, interview notes and other affirmative action related documents for the required retention period. Your company should keep support data such as applicant flow, hires, terminations, promotions, and other personnel actions that have been used to determine whether there are selection disparities. Also included are information that indicates the impact of tests and other selection procedures on employment opportunities You do have the option of keeping much of your documentation in an electronic format. There are regulations regarding this practice as well as information on OFCCP’s website under their frequently asked questions for employers. If you choose to keep electronic copies of documentation, the paper original records can be disposed of any time after the transfer to an electronic record system, provided the electronic record accurately reproduces the paper original record If contractors use an electronic recordkeeping system, they must ensure that the electronic records comply with the record retention and access regulations. That is, the records must be: Accurate Complete Accessible
  • Recordkeeping It is a requirement that companies solicit and maintain race, gender, and ethnicity information from each job applicant and employees. The disclosure of race/gender by an applicant or employee is strictly voluntary and the self-identification form itself must state that it is voluntary and the information will be kept confidential….If you have applicants that choose not the self-identify race/gender, you are allowed to take a best guess on this information if you have met the individual face-to-face. We do NOT recommend that you take a best guess based on a person’s name. Something that I highly recommend as well is that on the self identification forms to have the option of checking off “prefer not to answer”. If you are using a electronic means of capturing this information, I also recommend that the applicant not be allowed to move further on in the application process unless something is checked off even if it is “prefer not to answer”. By doing this, you have evidence to give to the OFCCP or any other government official that you have complied with the requirement to solicit this information.
  • If you have 150 employees or $150,000 or more in government contracts, you must retain your current AAP and immediately preceding AAP (2 years)
  • If you have less than 150 employees and less than $150,000 in government contracts, you must keep the information for 1 year Keep in mind, that if your location is undergoing an OFCCP, EEOC or other type of audit, no records covering the period being investigated, should be discarded From date of record created or acted upon (whichever is later)
  • It’s important that if you are under investigation or undergoing a compliance review, do not destroy any records covering the period of investigation or audit. Some audits could last several years.
  • It’s been my experience that the number one area that most contractors have issues in is also the area that can be costliest to the organization if adverse impact is found….I’m referring to keeping complete and accurate documentation of the applicant pool of candidates who meet the internet applicant definition
  • Before we understand what records must be maintained, I thought I would briefly define what is considered an “internet applicant”
  • Internal Databases Applicant Tracking System (ATS) such as Peoplefluent RMS, Kenexa, erecruit, Homegrown System Human Resources Information System (HRIS) such as Peoplesoft External Databases Job Boards such as Monster, CareerBuilder and AJE Internet Data Mining / Passive Candidate Search Technologies such as Google Social Networking such as Facebook, Twitter and LinkedIn Third party recruiters or vendors Thankfully, the OFCCP acknowledges that there are differences between searching internal and external databases in terms of the number of job seekers potentially ‘considered’ or searched and subsequently on the number of indications of interest that must be retained to meet record-keeping requirements of the final rule. For internal databases, employers must save the following: Position for which each search of database was conducted; Search criteria; Search date; Each resume / candidate added to database; Date that resume / candidate was added For external databases, employers do not have to save every resume / candidate that was searched, which could easily run into the 100s of thousands or more. Instead, employers must save All resumes / candidates that meet basic qualifications. Similar to the record-keeping requirements for internal databases, employers must also save Position for which each search of database was conducted; Search criteria; Search date Keep in mind that the final rule states that using data management techniques does not fall under the definition of ‘consider,’ so if a search of Monster yields 10,000 job seekers who meet basic qualifications, an employer could still use a data management technique, such as a numeric limit or random sampling, to decrease the pool. The employer would need to save the data management technique used and the resumes / candidates chosen after applying the data management technique.
  • In honor of Disability Awareness Month in October, we would like to share with you some valuable tips that you can use in your own workplace to ensure there is inclusion and understanding of persons with disabilities. Oftentimes, it’s about overcoming those hidden biases that can lead to possible discrimination.
  • It’s been my experience that the number one area that most contractors have issues in is also the area that can be costliest to the organization if adverse impact is found….I’m referring to keeping complete and accurate documentation of the applicant pool of candidates who meet the internet applicant definition
  • Application Resume Basic Job Requirements Requisition information Copy of job posting Information on source of applicant Detail on person who made decision in each step of the hiring process Interview notes Interview questions Test results DMT information Log of phone call attempts Self-identification forms Results of checks Results of background checks, references, credit history
  • Hires: Explanation of disposition codes Information to include name of interviewer/hiring manager Copies of tests given and results Step analysis results if adverse impact exists Hire log Promotions: Job requisitions Definition of promotion (competitive/non-competitive) Procedure for posting jobs internally/bidding Copies of job postings Internal Applicant log including final disposition/step Information to include name of interviewer/hiring manager Copies of tests given and results Step analysis results if adverse impact exists Promotion log Termination: Termination log including termination type (involuntary/voluntary) and reason Separate analysis for involuntary and voluntary terminations Copy of any policy regarding process for layoffs/recalls, if applicable Termination log and reason Separate analysis for involuntary and voluntary terminations Copy of any policy regarding process for layoffs/recalls, if applicable Copy of separation form (involuntary) HR manual/employee manual outlining causes for involuntary termination Exit interview notes (voluntary)
  • Julia slide. Taken from a real letter to a client. Standard practice to request all training docs. Supervisor/Manager training on basics of AA Training on ADAAA/Section 503 compliance Training on VEVRAA Debrief with management regarding results of annual AAP
  • Copy of newsletters featuring AA/EEO information or articles Copy of employee handbook Copy of HR manual Pictures/letters of volunteer/outreach Emails/letters regarding AA/EEO
  • You are required as a federal contractor to regular review personnel activities to ensure nondiscrimination and EEO for all individuals. Make sure that you are tracking any time you are reviewing the selection process or conducting your annual review of employee compensation which is a requirement for all federal contractors. The following personnel activities are reviewed to ensure nondiscrimination and equal employment opportunity for all individuals without regard to their race, color, gender, religion, or national origin:
  • And now let’s turn our focus to the newly revised regulations that have the federal contractor community anxious on ensuring their practices and policies will be up to the new standards in a timely manner.
  • Just last week, the revised Section 503 of the Rehabilitation Act rules were published in the Federal Register which officially started the clock running on when federal contractors and subcontractors with $10,000 or more worth of qualified contracts would need to be in compliance with the new set of regulations. The OFCCP emailed the above message to its subscribers notifying them of the effective date: March 24, 2014
  • the new regulations include an aspirational utilization goal of 7 percent. OFCCP created this goal to give contractors a yardstick against which they can measure the success of their efforts in outreach to and recruitment of individuals with disabilities. More specifically, contractors should use the goal to measure the change in the representation of individuals with disabilities in their workforce. The utilization goal, with its focus on the entire workforce, differs from the placement goal under the Executive Order 11246 program, which focuses on those employees newly placed into positions. The goal is not a quota. 4. How did OFCCP determine the utilization goal? OFCCP established the utilization goal primarily using information taken from the disability data collected as part of the American Community Survey (ACS). We based the goal on the 2009 ACS disability data for the "civilian labor force" and the "civilian population," first averaged by EEO-1 job category, and then averaged across EEO-1 category totals. Specifically, we used the mean across these EEO-1 groups to estimate that 5.7% of the civilian labor force has a disability as defined by the ACS. Due to the fact that ACS uses a narrower definition of disability, this 5.7% does not include all individuals with disabilities as defined under the broader definition in Section 503 and the ADAAA. This number does not take into account discouraged workers, or the effects of historical discrimination against individuals with disabilities that has suppressed the representation of such individuals in the workforce. 1 Therefore, OFCCP adjusted the 5.7% after estimating the size of the discouraged worker effect. We compared the percent of the civilian population with a disability (7.42 percent per the ACS definition) who identified as having an occupation to the percent of the civilian labor force with a disability (5.7 percent) who identified as having an occupation to arrive at the discouraged worker effect. The result, rounded, is a 7 percent utilization goal for individuals with disabilities.
  • 6. What happens if my company does not meet the 7 percent goal? Will we be sanctioned or fined? Failure to meet a disability goal will not be a violation of the regulations and will not lead to a fine, penalty or sanction. The regulations specifically provide that the disability goal is not to be used as a quota or a ceiling that limits or restricts the employment of individuals with disabilities. It further states that a contractor’s determination that it failed to meet the disability goal does not constitute either a finding or admission of discrimination in violation of the regulation. When the percentage of individuals with disabilities in one or more job groups (or EEO-1 categories, or workforce as a whole, as appropriate, for small contractors) is less than the utilization goal, the contractor must take steps to determine whether and where impediments to equal employment exist. This includes assessing existing personnel processes, the effectiveness of its outreach and recruitment efforts, the results of its affirmative action program audit, and any other areas that might affect the success of the affirmative action program. After conducting this assessment, the contractor must develop and execute action-oriented programs to correct any identified problem areas.
  • There is a new requirement specific to data collection and analysis. As a contractor, you must document and update annually the following information in 60-741.44(k): for applicants: the total number of applicants for employment, and the number of applicants who are known individuals with disabilities; for hires: the total number of job openings, the number of jobs filled, and the number of individuals with disabilities hired; and the total number of job openings, and the number of jobs that are filled. This data must be retained for three years. Data will assist contractors in measuring the effectiveness of outreach and recruitment efforts.
  • The new Section 503 regulations require contractors to invite applicants to self-identify at the pre-offer stage, in addition to the existing post-offer self-identification requirement. OFCCP is developing a form for contractors to use to invite applicants to self-identify and will post it on the OFCCP Web site when it becomes available. OFCCP added this requirement so that contractors can track the number of individuals with disabilities who apply for jobs and use this information to assess the effectiveness of their outreach and recruitment efforts. The pre-offer invitation to self-identify may be included in the contractors´ application materials for a position, but must be separate from the application. In order to harmonize Section 503’s pre-offer invitation to self-identify requirement with Executive Order 11246’s Internet Applicant recordkeeping provisions, OFCCP will permit contractors to invite applicants to self-identify after they meet the Internet Applicant requirements, including the basic qualification screen. There is now a requirement that contractors also regularly invite all of their employees to voluntarily self-identify as an individual with a disability using the self-identification form OFCCP provides. Contractors must invite their employees to self-identify every five years, beginning the first year that they become subject to the Section 503 voluntary self-identification requirements. In addition, at least once during the years between these invitations, contractors must remind their employees that they may voluntarily update their disability status at any time. Through the new invitation and reminder to employees to self-identify, contractors can capture data on employees who become disabled while employed, as well as those with existing disabilities who may feel more comfortable self-identifying once they have been employed for some time. It also allows contractors to monitor and improve their practices regarding placement, retention, and promotion. OFCCP also added new language to the voluntary self-identification requirements emphasizing that contractors may not compel or coerce individuals to self-identify, and that contractors must keep all self-identification information confidential.
  • The Final Rule requires that specific language be used when incorporating the equal opportunity clause into a subcontract by reference. The mandated language, though brief, will alert subcontractors to their responsibilities as Federal contractors. The actual eo clause is about a page and a half in length.. It is not necessary to include the equal opportunity clause verbatim in the contract. The clause shall be made a part of the contract by citation to 41 CFR 60-741.5(a) and inclusion of the following language, in bold text, after the citation: “This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.” Keep in mind that you also have the obligation to make reference on purchase orders to other federal regulations such as EO 11246 and E-Verify if applicable.
  • Can a contractor satisfy its obligation to post a notice informing applicants and employees of their EEO rights by posting the notice electronically? When a contractor has employees who do not work at its physical location, the contractor can satisfy its posting obligation by posting the EEO notice in electronic format. Contractor must either provide these employees with computers that can access the electronic posting or the contractor must have actual knowledge that the electronically posted notice is otherwise accessible to these employees. Contractors must post electronic notices for employees in a conspicuous location and format on their Intranet or send them to employees by electronic mail (i.e., email). If the contractor uses an electronic application process, it must post an electronic notice to inform job applicants of their EEO rights. Electronic notices for applicants must be conspicuously stored with, or as part of, the electronic application. In addition, in individual instances, a contractor may have to provide a notice of EEO rights electronically as a form of reasonable accommodation for a disabled employee, even if the employee works at the contractor´s physical location.
  • In honor of Disability Awareness Month in October, we would like to share with you some valuable tips that you can use in your own workplace to ensure there is inclusion and understanding of persons with disabilities. Oftentimes, it’s about overcoming those hidden biases that can lead to possible discrimination.
  • The Final Rule becomes effective March 24, 2014 As of this effective date, contractors must comply with all elements of the Final Rule except for the new AAP requirements in Subpart C if current AAP has not expired OFCCP will provide contractors with additional time to come into compliance with these AAP requirements, during which it will provide technical assistance to facilitate the transition for contractors
  • ESDS employment service delivery system The existing VEVRAA regulations do not provide for any structured collection of data regarding the number of protected veteran who apply for jobs. This lack of data makes it nearly impossible for the contractor to evaluate the availability of protected veterans in its applicant pool or workforce, or to assess the effectiveness of its outreach and recruitment efforts at attracting protected veteran candidates. To fill this data void, the Final Rule requires contractors to document and update the following comparisons and information regarding applicants and employees annually. With respect to applicants: the number of protected veteran applicants; the total number of job openings and the number of jobs filled; and the total number of applicants for all jobs. With respect to employees: the total number of protected veteran applicants hired; and the total number of applicants hired This will provide contractors with meaningful data to use in evaluating and tailoring their recruitment and outreach efforts. Contractors must maintain this information for three years, to allow them to assess the success of their outreach and recruitment efforts for veterans over time.
  • This benchmark is a tool to help contractors assess the effectiveness of their efforts to recruit and employ protected veterans. Each contractor who is required to develop a written AAP must establish a hiring benchmark each year. Hiring benchmark established in one of two ways: Establish a benchmark equal to the national % of veterans in the civilian labor force, as posted in the Benchmark Database on the OFCCP Web site; or A contractor may establish its own benchmark by taking into account five factors: Contractors must maintain records related to their benchmark for 3 years. Contractors must maintain records related to their benchmark for 3 years, allowing them to assess the success of their outreach and recruitment efforts for veterans over time. As of September 2011, the national percentage of veterans in the civilian labor force was 8.0 percent. OFCCP recognizes that this data captures all veterans, and not just veterans protected by VEVRAA, but OFCCP reiterates that the benchmark is not a quota. It serves primarily as a yardstick by which contractors can measure the effectiveness of their affirmative action efforts, and a tool for contractors to use in the evaluation of their outreach and recruitment efforts. Peoplefluent will be prepared to assist customers with these statistical requirements.
  • Average % of veterans in the civilian labor force in the state where the contractor is located over the preceding 3 years, as posted in the Benchmark Database on the OFCCP Web site; # of veterans, over the previous 4 quarters, who participated in the employment service delivery system in the state where the contractor is located, as posted in the Benchmark Database on the OFCCP Web site;
  • The Final Rule clarifies what contractors must do to satisfy the job listing requirement set forth in the VEVRAA statute. It also requires the contractor to provide additional identifying information to the appropriate employment service delivery system (ESDS) when listing its job openings. Specifically, the Final Rule codifies OFCCP’s longstanding policy that the contractor must provide its job listing information in a format that is permitted by the appropriate employment ESDS. This means, for example, that if the ESDS requires electronic transmission through a Web-based form, the contractor must provide its job listings in this way. If the ESDS will accept job listings electronically, by facsimile or by mail, then the contractor may provide its job listings in any of these formats. In addition, a contractor must indicate on its job listings that it is a federal contractor – for example by noting “VEVRAA Federal Contractor” on its listing – and its desire for priority referrals of protected veterans for its openings. The contractor must also provide the contact information for the contractor official responsible for hiring at each hiring location who can verify the information in the job listing. This official may be a chief hiring official, an HR contact, a senior management contact, or any other appropriate official. Back to Top
  • Contractors can incorporate the EO Clause into subcontracts by reference but only by citing to the regulations, 41 CFR 60-300.5(a), AND including the following sentences in bold text immediately following the citation: Keep in mind that you also have the obligation to make reference on purchase orders to other federal regulations such as EO 11246 and E-Verify if applicable.
  • Does the Final Rule change the requirements concerning the equal opportunity employer statement that is included in all solicitations and advertisements for employees? Yes. The Final Rule requires a contractor to state in its solicitations and advertisements that it is an equal opportunity employer of protected veterans. Contractors can do this by simply adding "veteran status" or something similar to its existing equal opportunity employer statement.
  • * 07/16/96 * ##

Actional Tips to Meet Recordkeeping and Metrics Mandate by the OFCCP Presentation Transcript

  • 1. │1© 2013 PeoplefluentOctober 3, 2013 Actionable Tips to Meet New Record Keeping and Metrics Mandates by the OFCCP Rathin Sinha President America’s Job Exchange Julia Méndez, CDP, CAAP, PHR, CELS Principal Business Consultant Peoplefluent
  • 2. © 2013 Peoplefluent © 2012 Peoplefluent │2 Speakers Rathin Sinha President America’s Job Exchange Julia Mendez, CDP, CAAP, PHR, CELS Principal Business Consultant Peoplefluent Rathin founded AJE as a continuation of America’s Job Bank (AJB) after the retirement of the US Labor Department funded AJB program. An industry veteran, who covers a broad range of topics such as internet recruitment, on-line marketing and technology. Earlier in his career, Rathin was credited with conceptualizing and developing the ecommerce division for Monster.com making the small business targeted business unit the largest online sales and customer acquisition channel in the industry. Rathin was also the business architect behind the launch of Kinkos.com, the on-line division of Kinko's (now FedEx Office). Earlier, Rathin was a strategy consultant with the Mitchell Madison Group, a top tier strategy firm that spun out of McKinsey in the nineties. Julia Mendez is a Principal Business Consultant, Workforce Compliance and Diversity Solutions division. Julia oversees the training programs for customers as well as creating content and delivering training in areas such as equal employment opportunity (EEO) and affirmative action (AA) compliance, EEO-1, VETS-100A, web accessibility for disabled, and reviewing responsibilities of AA and EEO to management. Julia has more than 18 years experience in preparing affirmative action plans and assisting clients through OFCCP compliance reviews.
  • 3. © 2013 Peoplefluent © 2012 Peoplefluent │3 Agenda 1. Record keeping and the regulations 2. Best practices for applicant/source records 3. New Required Records4. Good faith efforts records
  • 4. © 2013 Peoplefluent © 2012 Peoplefluent │4 Record keeping and the regulations
  • 5. © 2013 Peoplefluent © 2012 Peoplefluent │5 Record Retention #1 Cited Violation
  • 6. © 2013 Peoplefluent © 2012 Peoplefluent │6 Record Retention Race, gender and ethnicity
  • 7. © 2013 Peoplefluent © 2012 Peoplefluent │7 Record Retention • Less than 150 employees and • Less than $150,000 in government contracts Keep Affirmative Action Plan for 1 year
  • 8. © 2013 Peoplefluent © 2012 Peoplefluent │8 Record Retention • 150 employees or • $150,000 or more in government contractsKeep Affirmative Action Plan for 2 years
  • 9. © 2013 Peoplefluent © 2012 Peoplefluent │9 Record Retention Keep all records covering period under investigation. Under audit?
  • 10. © 2013 Peoplefluent © 2012 Peoplefluent │10 Applicant record retention requirements
  • 11. © 2013 Peoplefluent © 2012 Peoplefluent │11 Definition of Internet Applicant 1. The individual submits an expression of interest in employment through the Internet or related electronic data technologies. 2. The contractor considers the individual for employment in a particular position. 3. The individual’s expression of interest indicates the individual possesses the basic qualifications for the position. 4. The individual at no point in the contractor’s selection process prior to receiving an offer of employment from the contractor, removes himself or herself from further consideration or otherwise indicates that he or she is no longer interested in the position.
  • 12. © 2013 Peoplefluent © 2012 Peoplefluent │12 Sample Recordkeeping Requirements  A record of each resume added to the database  Date each resume was added to the database  The position for which each search of the database was made  For each search, the substantive search criteria used  The date of the search  Records identifying job seekers contacted regarding their interest in a particular position  A record of the position for which a search was made  For each search, the substantive search criteria used  The date of the search  The resumes of job seekers who met the basic qualification for the particular position who are considered by the contractor, regardless of whether the individual qualifies as an Internet Applicant Internal Database External Database
  • 13. © 2013 Peoplefluent © 2012 Peoplefluent │13 Best practices for applicant/source records
  • 14. © 2013 Peoplefluent © 2012 Peoplefluent │14 Recruitment Outreach • Job listings in job boards – general as well as for veterans and disabled • Job listings to state and local job services such as 1-stops centers Proof of Outreach • Proof that job was posted in jobs sites – broad as well as veterans and disabled • Proof that Job listings were sent to state and local agencies in a usable format Effectiveness of Outreach • Views and applies to the job listings – ideally by source of views and clicks • Information about applicant flow and result of outreach in actual hires Key Requirements
  • 15. © 2013 Peoplefluent © 2012 Peoplefluent │15 Recruitment Outreach State Job Bank - Mandatory Postings State Employment System- Outreach e-Mail Community Based Organization (CBO) - Outreach e-Mail Niche Job Board - Partner Posting Job Aggregator - Sponsored Posting AJE Job Alert Emails AJE Veteran Exchange AJE Social Job OpeningYour Job
  • 16. © 2013 Peoplefluent © 2012 Peoplefluent │16 Confirmation of Import/Export  Report to make sure that jobs have been received and processed by AJE  Helps fix any errors in job posting and distribution
  • 17. © 2013 Peoplefluent © 2012 Peoplefluent │17 Distribution Summary  Reports for the company as a whole or by division; Select date or range  Detailed outreach and distribution information, including delivery method and date and time stamp  Exported to PDF and Excel format
  • 18. © 2013 Peoplefluent © 2012 Peoplefluent │18 Proof of Outreach: Individual Jobs  Individual job records details on distribution to our network partners and the states  Links to job descriptions on AJE exchange sites along with links to outreach partner sites
  • 19. © 2013 Peoplefluent © 2012 Peoplefluent │19 Proof of Outreach: on AJE Website  Link to job description – Active or Expired  For expired jobs, it provides when job was posted and when expired
  • 20. © 2013 Peoplefluent © 2012 Peoplefluent │20 Proof of Outreach: Partner Site  Actual job posting at partner site for veterans
  • 21. © 2013 Peoplefluent © 2012 Peoplefluent │21 Proof of Outreach: Individual Jobs  Links to emails and CSV files as evidence of distribution to community partners and state one-stop offices  Jobs manually posted to the states include the state confirmation ID in your report
  • 22. © 2013 Peoplefluent © 2012 Peoplefluent │22 Proof of Outreach: 1-Stop Center  Daily news delivered with job listings within 25 miles of the center  Job description just one click away, and apply another
  • 23. © 2013 Peoplefluent © 2012 Peoplefluent │23 Proof of Outreach : State Job Sites  Screen shot of job postings on the state job site saved in database for >2 years
  • 24. © 2013 Peoplefluent © 2012 Peoplefluent │24 Outreach Effectiveness  Ability to add tracking code to identify the source of each candidate  Compare posting pattern with views and clicks to find effectiveness of outreach
  • 25. © 2013 Peoplefluent © 2012 Peoplefluent │25 Reporting Summary  Online 24x7 Access  Select by date, range of dates  Select by location, parent or division  Data saved for more than two years  Data saved in SAS 70 class hosted environment  Data integrity and access protected
  • 26. © 2013 Peoplefluent © 2012 Peoplefluent │26 Good faith efforts records
  • 27. © 2013 Peoplefluent © 2012 Peoplefluent │27 Job Posting and Applicant Information • Application • Basic Job Requirements • Requisition information • Copy of job postings • Information on source of applicant • Detail on person who made decision in each step of the hiring process
  • 28. © 2013 Peoplefluent © 2012 Peoplefluent │28 Documentation of Selection Decisions Hires Promotions Termination
  • 29. © 2013 Peoplefluent © 2012 Peoplefluent │29 • Copies of any training documents – training managers etc. in the AAP obligations. • Provide copies of all job/position descriptions. OFCCP Request - Training
  • 30. © 2013 Peoplefluent © 2012 Peoplefluent │30 • Newsletters featuring AA/EEO information or articles • Employee handbook • HR manual • Pictures/letters of volunteer/outreach • Emails/letters regarding AA/EEO Internal Dissemination Records to Retain
  • 31. © 2013 Peoplefluent © 2012 Peoplefluent │31 • Recruitment, advertising, and job application procedures • Hiring, promotion, upgrading, award of tenure, layoff, recall from layoff • Rates of pay and any other forms of compensation including fringe benefits • Job assignments, job classifications, job descriptions, and seniority lists • Sick leave, leaves or absence, or any other leave • Attendance at professional meetings and conferences Policies and Procedures to Document
  • 32. © 2013 Peoplefluent © 2012 Peoplefluent │32 REVISED SECTION 503 OF REHABILITATION ACT
  • 33. © 2013 Peoplefluent © 2012 Peoplefluent │33
  • 34. © 2013 Peoplefluent © 2012 Peoplefluent │34 • National utilization goal of 7% for each job group in the workforce • Contractors must conduct an annual utilization analysis and assessment of problem areas • Establish specific action-oriented programs to address any identified problems Establishment of National Utilization Goal
  • 35. © 2013 Peoplefluent © 2012 Peoplefluent │35 Establishment of National Utilization Goal • Contractors will apply the goal to each of their job groups if the contractor has 101 or more employees; or • To their entire workforce if the contractor has 100 or fewer employees
  • 36. © 2013 Peoplefluent © 2012 Peoplefluent │36 Data Collection • # of applicants who self-identified as individuals with disabilities or who are otherwise known to be IWD • # of job openings and total # of jobs filled • # of applicants for all jobs • # of applicants with disabilities hired • # of applicants hired • Data must be maintained for 3 years
  • 37. © 2013 Peoplefluent © 2012 Peoplefluent │37 • Pre-offer and post-offer invitations required • Requires contractors to invite employees to self-identify as IWDs 1st year they fall under coverage and then every 5 years • Mandated text to be used for invitations will be posted to the OFCCP (not up yet) Invitation to Self-Identify
  • 38. © 2013 Peoplefluent © 2012 Peoplefluent │38 Incorporation of the EO Clause “This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.” Final Rule requires this text to be set in bold text, in each contract.
  • 39. © 2013 Peoplefluent © 2012 Peoplefluent │39 Electronic Posting • Employees: Contractor must either provide employees with computers that can access the electronic posting or must have actual knowledge that the electronically posted notice is otherwise accessible to these employees • Must post for employees in a conspicuous location and format on their Intranet or send it to them by electronic mail • Applicants: If the contractor uses an electronic application process, it must post an electronic notice to inform job applicants of their EEO rights. Electronic notices for applicants must be conspicuously stored with, or as part of, the electronic application
  • 40. © 2013 Peoplefluent © 2012 Peoplefluent │40 Additional Good-Faith Efforts/Record Retention for Individuals with Disabilities • Training logs for ADAAA/Section 503 • Review of job requirements for compliance with ADA • Self-identification form • Narrative • Procedure for accommodation request • List of accommodation requests and outcome • • Outreach/recruitment • Recruitment logs • Procedure for accommodation request • List of accommodation request and outcome • Review of web accessibility
  • 41. © 2013 Peoplefluent © 2012 Peoplefluent │41 Revised vevraa
  • 42. © 2013 Peoplefluent © 2012 Peoplefluent │42 When does the Final Rule become effective? • Check plan start date • Have policies procedures revised and in place by effective date
  • 43. © 2013 Peoplefluent © 2012 Peoplefluent │43 Data Collection Requirements • Document and update the following comparisons and information annually and maintain for 3 years • Applicants: • number of protected veteran applicants • total number of job openings; number of jobs filled • total number of applicants for all jobs • Employees: • total number of protected veteran applicants hired • total number of applicants hired
  • 44. © 2013 Peoplefluent © 2012 Peoplefluent │44 Hiring Benchmark for Protected Veterans • Establish a hiring benchmark each year • Hiring benchmark established in one of two ways: • Establish a benchmark equal to the national % (currently 8%) of veterans in the civilian labor force • Establish its own benchmark by taking into account 5 factors • Maintain records related to benchmark for 5 3 years
  • 45. © 2013 Peoplefluent © 2012 Peoplefluent │45 Factors for Developing Benchmark 1. Average % of veterans in the civilian labor force in the state where the contractor is located over the preceding 3 years 2. # of veterans, over the previous 4 quarters, who participated in the employment service delivery system in the state where the contractor is located 3. Applicant and hiring ratios for the previous year 4. Contractor’s recent assessments of the effectiveness of its outreach and recruitment efforts 5. Any other factors, such as the nature of the job or its location, that would affect the availability of qualified protected veterans
  • 46. © 2013 Peoplefluent © 2012 Peoplefluent │46 Mandatory Job Listing Requirement • Contractor must provide its job listing information in a format that is permitted by ESDS • Indicate on job listings that it is a federal contractor and its desire for priority referrals of protected veterans for its openings • Provide contact information for the contractor official responsible for hiring at each hiring location who can verify the information in the job listing
  • 47. © 2013 Peoplefluent © 2012 Peoplefluent │47 Equal Opportunity Clause • The clause shall be made a part of the contract by citation to 41 CFR 60-300.5(a) and inclusion of the following language, in bold text, after the citation: "This contractor and subcontractor shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans."
  • 48. © 2013 Peoplefluent © 2012 Peoplefluent │48 EEO Statement on Advertisements The Final Rule requires contractor to state in solicitations/advertisements that it is an equal opportunity employer of protected veterans. Contractors can do this by adding "veteran status" or something similar to its existing EOE statement. Job Advertisement Opening for a Teller. Must have 3 years’ cash handling experience and a high school diploma. To apply, go to xxxxxx We are an EOEM/F/D/V or We are an Equal Opportunity Employer and do not discriminate against applicants due to veterans status or on the basis of disability.
  • 49. © 2013 Peoplefluent © 2012 Peoplefluent │49 Recordkeeping Requirements Types of records to be maintained for three years: • Evaluations of outreach and recruitment efforts (41 CFR 60-300.44(f)) • Records pertaining to the data collection of comparisons regarding applicants and employees (41 CFR 60-300.44(k)) • Records related to the hiring benchmark requirement (41 CFR 60-300.45)
  • 50. © 2013 Peoplefluent © 2012 Peoplefluent │50 • Narrative • VETS-100A (3 years) • Self-identification form • Proof of posting with ESDS and other outreach Additional Records for Veterans AAP
  • 51. © 2013 Peoplefluent © 2012 Peoplefluent │51 Thank You! Julia Méndez, CDP, CAAP, PHR, CELS Principal Business Consultant Peoplefluent Phone: 614.438.1429 Julia.mendez@peoplefluent.com • Upcoming webcasts: www.peoplefluent.com/events • Stay up to date with anything HR with our Social Pages: Rathin Sinha Founder and President America’s Job Exchange Phone: 978.946.5863 rsinha@americasjobexchange.com