Are Your Recruiters OFCCP Compliant? Not Knowing Could Cost You


Published on

This workshop will discuss major challenges and the requirements that recruitment departments face to ensure compliance. It will also address common pitfalls associated with applicant tracking systems and how to avoid them. To assist participants in the process, best practices will be shared to help address the risks related to compliant recruitment.

Published in: Technology, Business

Are Your Recruiters OFCCP Compliant? Not Knowing Could Cost You

  1. 1. ARE YOUR RECRUITERSOFCCP COMPLIANT?NOT KNOWING COULDCOST YOUDavid SchefflerPartner, Vice President CompliancePinnacle HR Consulting ServicesThis document may not be duplicated or redistributed without the express writtenpermission of Pinnacle Affirmative Action Services, LLP. Please email with any questions or visit our website:
  2. 2. AGENDA Welcome The OFCCP today and tomorrow Recruitment requirements Avoiding the common pitfalls ATS: Top issues to review
  4. 4. OFCCP: PERFECT STORM IS BREWING Sweeping changes are in the works Veterans Persons with a disability Compensation Background checks Scheduling letters Increased audits Increased focus Increased risks for contractors
  5. 5. AS THE OFCCPS FOCUS CHANGES… So should yours…. Re-evaluate Take a proactive approach Know the requirements Conduct self-evaluation Set goals Implement changes Self-audit to stay on track
  7. 7. AFFIRMATIVE ACTION REQUIREMENTSRecruitmentExecutiveOrder11246Section503Directive307Directive308Section4212
  10. 10. INTERNET APPLICANT RULEIf a candidate meets the following criteria; then,they are an applicant. More stringentrecordkeeping obligations apply.ExpressesInterestConsideredMeets BasicQualificationsDoes NotWithdraw
  11. 11. RECORDKEEPING REQUIREMENTS Applications/resumes Job descriptions including basic qualifications Job posting information Applicant flow data Each stage Non-selection at each stage Race, gender, ethnicity of all applicants Any tests, decisions Requests for accommodations
  12. 12. HOW DOES YOUR PROCESS & TECHNOLOGYADDRESS Defining who is an applicant Basic qualifications Use of disposition reasons Is technology set up to help? Stages in the process Can you tell the story? Basic recordkeeping Are policies and practices in place?Let’s address by looking atcommon pitfalls and how to remedy
  14. 14.  Don’t just accept ATS vendor defaults Disposition codes Stages Statuses If it doesn’t match your process…it does notworkThe ATS should fit you…not the other way aroundMAKE ATS A PARTNER IN COMPLIANCE
  15. 15. CHANGING YOUR PROCESS TO MATCH ACHANGING OFCCP As regulations, audit focus, and directiveschange….so should your recruitment practices Periodically evaluate your process for complianceand efficiency You can do both, improve compliance andefficiency! Time and money spent here will save you Changes to your process should then flow to yourATS and other technologies
  16. 16. AFTER REEVALUATING PROCESS Map out a more efficient and compliant recruitmentprocess taking into consideration Changing tides New requirements Business objectives Advancements in technology
  17. 17. FOCUS ON BASIC QUALIFICATIONS Creates a standard for which all candidatescompared against Protects against unintentional discrimination insourcing Reduces risk in an OFCCP audit Reduces recordkeeping obligations
  18. 18. DISPOSITION REASONS Use to define applicant pool Who was considered Who met basic qualifications Use to limit applicant pool Who did not meet basic qualifications Who withdrew from the process
  19. 19. CONNECTED SUCCESSFUL TRAINING Interconnect the Big 3RecruitmentefficienciesUse of technologyRecruitmentcompliance
  20. 20. CONNECTED SUCCESSFUL TRAINING What to do Clearly outline what must be tracked Why Compliance and metric reasons behind the need totrack How Tie together the process and technology
  21. 21. SOCIAL NETWORKING RISKS Links to “pooling positions” without an opening Are your creating applicants? Searching social/professional sites Preferred vs. Basic Not tracking
  22. 22.  Evaluate how your team uses currently: Set yourbenchmark Consider increase in future need/use Put best practices into place to meetrecordkeeping obligations and protect yourdefinition of an applicant
  23. 23. EVERGREEN AND PIPELINE REQUISITIONS Can be of great benefit to the recruitment team One of the most complex recruitment processes The way ATS’s naturally report out for AAPs Can create situations where applicant pools areduplicated many times over Dramatically increasing the applicant pool Increasing chance of statistical significance
  24. 24. EVERGREEN AND PIPELINE REQUISITIONS Invest in mapping out a compliant process Consideration of your ATS – how reporting works What is needed – continual candidate generation,multiple hires for same position, same role at varyinglocations…all are created differently Custom reporting created to appropriately limityour applicants for AAP production Training is critical Self-audit process to keep on track
  25. 25. PRESCREENING & ASSESSMENTS Any technology that ranks, stacks, or scorescandidates = you considered them Many companies apply these at the first step toall candidates Skill assessments (tests) Anything you can pass or fail Hot area for OFCCP Risk for disparate impact
  26. 26. PRESCREENING QUESTIONS Screening on basic qualifications is the mostcompliant Be careful of ranking tools, such as ACE in Taleo The use of required and “asset” in thescreening tools can be difficult• Know how the tool “thinks” to avoidlosing qualified talent• Ex: Position requires a BA, applicant selectsMBA and is rejected
  27. 27. SKILL ASSESSMENTS/ TESTS Skill assessments/tests Validated Valid pass/fail benchmarks; Consistently applied; Provided later in the process Test and results are documented Once you have tested them, they are an applicant
  28. 28. RECORD AS YOU GOCompliance and data integrity dramaticallyimprove if the recruitment team makes this onechange!
  29. 29. RECORD AS YOU GO In an audit, it is not what you did….. It is what your data demonstrates you did A recruitment team who dispositions candidates as theyreview More accurate dispositions Decrease in candidates orphaned without adisposition reason Equals a smaller applicant pool for you Recruitment steps documented as they occur More reliable data Tells the story
  31. 31. DISPOSITION CODES How are yours? Too many Too few for defense Not used to limit applicant pool Not well defined Inconsistently applied Recruiters have their “favorite” codes
  32. 32. DISPOSITION CODES - ACTION Audit at leastquarterly: If used at all Used in the rightstages Used to documentwithdraws Basic Quals knocked-out Clear and concise bystage Breaks-down to 5 maingroups: Doesn’t meet BasicQualifications Candidate notinterested Company is notinterested Candidate declinedoffer HiredAudit Update
  33. 33.  System processes the hire vs.applicants Cannot tell the story of recruitmentprocess One size does not fit allRECRUITMENT STEPS
  34. 34. RECRUITMENT STEPS - ACTION Map out currentrecruitment process Professional High volume Staffing firms Compare against thestages in ATS Interview notes What/When/How? Update stages to matchprocess Resume reviewed Recruiter screen Forwarded to theHiring Manager Hiring Managerinterview Tested Offer extended(verbaland written) HiredAudit Update
  35. 35. SCREENING QUESTIONS Potential for significant risk Technology – consider large pool of applicants Are you asking everyone? Are the questions set up to work for you? Many times they are not actuallyaccomplishing what the recruitment teamdesires Need to take into account, requirements,assets, and how the system “thinks”
  36. 36. SCREENING QUESTIONS Basic vs. preferred When in processasked Ranking, stacking,scoring Are they effective Screen on basicqualifications Consider DMT & whenprescreening is applied Avoid ranking on theentire pool of candidates Train recruiters on howto formulate the ?s toget the desired outcomeAudit Update
  37. 37. CONTACTDavid SchefflerPartner & Vice President CompliancePinnacle Affirmative Action Services(770)