Actional Tips to Meet Recordkeeping and Metrics Mandate by the OFCCP

│1© 2013 PeoplefluentOctober 3, 2013

Actionable Tips to Meet New Record Keeping and Metrics Mandates by the OFCCP

Rathin SinhaPresidentAmerica’s Job Exchange

Julia Méndez, CDP, CAAP, PHR, CELSPrincipal Business ConsultantPeoplefluent

© 2013 Peoplefluent


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Speakers

Rathin SinhaPresident

America’s Job Exchange

Julia Mendez, CDP, CAAP, PHR, CELSPrincipal 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.



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Agenda

1. Record keeping and the regulations

2. Best practices for applicant/source records

3.

New Required Records4.

Good faith efforts records



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RECORD KEEPING AND THE REGULATIONS



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Record Retention

#1 Cited Violation



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Record Retention

Race, gender and

ethnicity



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Record Retention

• Less than 150 employees and • Less than $150,000 in government contracts

Keep Affirmative Action Plan for 1 year



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Record Retention

• 150 employees or • $150,000 or more in government contracts

Keep Affirmative Action Plan for 2 years



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Record Retention

Keep all records covering period under investigation.

Under audit?



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APPLICANT RECORD RETENTION REQUIREMENTS



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Definition of Internet Applicant1. 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.



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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



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BEST PRACTICES FOR APPLICANT/SOURCE RECORDS



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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

centersProof 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



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Recruitment Outreach

Job OpeningYour

Job



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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



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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



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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



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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



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Proof of Outreach: Partner Site

Actual job posting at partner site for veterans



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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



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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



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Proof of Outreach : State Job Sites

Screen shot of job postings on the state job site saved in database for >2 years



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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



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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



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GOOD FAITH EFFORTS RECORDS



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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



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Documentation of Selection Decisions

Hires

Promotions

Termination



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• Copies of any training documents – training managers etc. in the AAP obligations.

• Provide copies of all job/position descriptions.

OFCCP Request - Training



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• 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



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• 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



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REVISED SECTION 503 OF REHABILITATION ACT



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• 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



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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



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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



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• 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



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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.



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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



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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



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REVISED VEVRAA



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When does the Final Rule become effective?

• Check plan start date• Have policies procedures revised and in place by effective date



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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



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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



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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



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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



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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."



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EEO Statement on AdvertisementsThe 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 orWe are an Equal Opportunity

Employer and do not

discriminate against applicants

due to veterans status or on

the basis of disability.



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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)



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• Narrative• VETS-100A (3

years)• Self-identification

form• Proof of posting

with ESDS and other outreach

Additional Records for Veterans AAP



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Thank You!

Julia Méndez, CDP, CAAP, PHR, CELSPrincipal Business ConsultantPeoplefluent

Phone: [email protected]

• Upcoming webcasts: www.peoplefluent.com/events• Stay up to date with anything HR with our Social Pages:

Rathin SinhaFounder and PresidentAmerica’s Job Exchange

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Actional Tips to Meet Recordkeeping and Metrics Mandate by the OFCCP

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