Affirmative Action Compliance For Recruiters - HudsonMann

Affirmative Action Compliance for Recruiters Sherry Rest SHRM-CP, PHR Allen Hudson SHRM-CP, PHR

Webinar Agenda Background Areas of Liability Best Practices Questions Who is OFCCP? Four common pitfalls For minimizing liability What’s keeping you up at night? www.hudsonmann.com 843.884.5557

Landmark Laws GENETIC INFORMATION NONDISCRIMINATI ON ACT EXECUTIVE ORDER 13496 EQUAL PAY ACT REHABILITATION ACT CIVIL RIGHTS ACT TITLE VII 1963 1964 1965 1973 IMMIGRATION REFORM & CONTROL ACT 1974 1986 EXECUTIVE ORDER 11246 VIETNAM VETERANS ACT 1990 JOBS FOR VETERANS ACT 2002 2008 2008 2009 2009 LILLY LEDBETTER FAIR PAY ACT AMERICANS WITH DISABILITIES ACT ADA AMENDMENTS ACT

Affirmative Action Is A commitment to make good faith efforts and take positive, results-oriented action to eliminate employment barriers affecting women and minorities.

Affirmative Action Is Not A quota system A requirement to: 1. Hire 2.Promote QUOTA SYSTEM 3.Transfer 4.Mentor Unqualified candidates regardless of race or sex

Executive Order 11246 Prohibits Federal contractors and subcontractors from discriminating in employment practices for reasons of: Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, National Origin Requires that all Federal contractors and subcontractors with 50 or more employees and contracts of 50,000 or greater Develop and implement written Affirmative Action Plans

? Why Be An Affirmative Action Employer? It’s the Law (Business With Federal government) Effective Management Tool Allows strategic oversight and analysis of diversity efforts Analyze recruiting efforts, sources of applicants and recognize systemic barriers to employment Provides methods to evaluate equity in hiring, termination, promotion, training and pay

Enforcement Agencies Equal Employment Opportunity Commission (EEOC): Investigates and enforces violations of employees’ rights in the workplace. Office of Federal Contract Compliance Programs (OFCCP): Enforces and monitors Affirmative Action Programs of Federal contractors.

OFCCP’s Enforcement Jurisdiction Executive Order 11246 Vietnam Era Veterans Readjustment Assistance Act Section 503 of the Rehabilitation Act

FY 2017 monetary relief

Areas of Greatest Liability In an OFCCP Audit Adverse Impact Especially in application and hiring processes Outreach Required and voluntary outreach are both needed Pay Equity Compensation systems and fair pay are in the spotlight Recordkeeping Record retention rules and supporting documentation

Adverse Impact in Hiring

of discrimination findings are from hiring discrimination FY 2017

Adverse Impact Example 100 White Applicants 50 White Hires 50% Hire Rate 50 Minority Applicants 10 Minority Hires 20% Hire Rate 20/50 40%

Definition of Internet Applicant Final Rule by OFCCP 01 The individual submits an expression of interest in employment via the Internet or related technology. 02 The contractor considers the individual for employment in a particular position. (2-year recordkeeping requirement begins at this stage) 03 The submission indicates the individual possesses the basic qualifications for the position. (established in advance; non-comparative, objective, relevant) 04 The job seeker did not later indicate a lack of interest in the job for which he or she was considered.

Key Takeaway #1 Use accurate disposition codes!

Sample Disposition Codes

Compensation & Pay Equity

of discrimination findings are from compensation issues FY 2017

Compensation & Pay Equity Pay Equity Starts with Starting Pay Avoid Job Steering

Key Takeaway #2 Coordinate with HR on starting pay

Compensation & Pay Equity Pay Equity Starts with Starting Pay Avoid Job Steering

Job Steering The practice of steering employees who are members of a protected class toward lower paying jobs at hire Can result from explicit or implicit bias

job steering settlement amount FY 2015

Job Steering Case Study 444 women steered into “light-duty” jobs with lower wages Adverse impact in hiring on males, African-Americans and Caucasians Settlement from reviews at nine separate facilities

Key Takeaway #3 Require applications for specific positions

Outreach

AAP Goals & Hiring Benchmarks Know where your AAP goals are *Women & Minorities *Individuals with Disabilities – 7% goal *Veterans - 6.4% Hiring Benchmark

www.jobbankinfo.org

Good Faith Outreach Efforts Educational institutions or other professional organizations to reach qualified women and minority candidates Job advertisements targeting veterans & individuals with disabilities Partnerships with local veterans' service organizations

Outreach Log

Key Takeaway #4-5 Know your AAP goals & document your outreach

OFCCP Employment Referral Resource Directory https://ofccp.dol-esa.gov/errd/

Recordkeeping

Recordkeeping Issues Maintain 3 years’ of employment and recruitment data Including assessment documents Must keep longer if in an audit

Affirmative Action Program for Veterans 4212 Evaluation of Outreach and Other Required Reviews Evaluation of Effectiveness of Outreach and Recruitment Efforts VEVRAA and Section 503 Evaluations of Outreach Date of Evaluation As part of our evaluation of our outreach and recruitment efforts towards veterans, we have reviewed progress towards the hiring benchmark, the number of job seekers that have self‐identified as protected veterans, and the quantity and quality of outreach sources. Our veterans hiring rate for the preceding AAP year was ##%. The overall percentage of job seekers that self‐identified as veterans was ##%. A total of ## job seekers self‐identified as protected veterans. Additionally we have identified a number of outreach sources that are targeted towards veterans. These include: [list of outreach sources] Based on these factors, we determine that the totality of our outreach efforts towards veterans is/is not effective in identifying and recruiting qualified protected veterans. [if totality of efforts is found to be not effective, include the following:] Since we have determined the totality of efforts to not be effective, we will implement the following alternative efforts: [include list] Review of Personnel Processes On date of review we reviewed our personnel processes to determine whether our programs provide careful, thorough and systematic consideration of protected veterans. Based upon this review, company will modify the personnel processes when necessary, and will include the development of new procedures in this affirmative action program to ensure equal employment opportunity. To date, no modifications have been necessary. Review of Job Descriptions Physical and mental job qualifications of all jobs were reviewed on date of review to ensure they do not tend to screen out qualified protected veterans. No qualification requirements were identified and all job qualification requirements were found to be job‐related and consistent with business necessity and safety.

Key Takeaway #6 Documentation Documentation Documentation

How Do You Minimize Potential Liability? Follow a formal application process Utilize disposition codes Avoid “informal” expressions of interest Set up an active consideration period Don’t accept applications for “any opening” Posting temp to hire opportunities Review employee referral selection process Set and utilize minimum qualifications – track outcomes Review testing validation

Questions?

Additional Training Resources Online Courses: - Affirmative Action Basics – FREE intro course - Affirmative Action Essentials – 4 hrs. of video learning - EEO & AAP for Managers and Supervisors In-person AAP Seminars (1.5 days): - August 16-17 – Charleston, SC (SOLD OUT) - November 1-2 – Indianapolis, IN More information at HudsonMann.com/training

Good Faith Dashboard Available on iPlans

Questions?

Allen Hudson, SHRM- CP, PHR Chief Operating Officer ahudson@hudsonmann.com Sherry Rest, SHRM- CP, PHR Director, Client Services srest@hudsonmann.com HudsonMann.com – 843-884-5557 Thank you!

Office of Federal Contract Compliance Programs (OFCCP): Enforces and monitors Affirmative Action Programs of Federal contractors. OFCCP's Enforcement Jurisdiction Executive Order 11246 . Microsoft PowerPoint - AAP Compliance for Recruiters - FINAL - 30 minutes Author: allenh