understanding the applicant management obligations of federal contractors
TRANSCRIPT
Understanding the Applicant Management Obligations of
Federal Contractors
Presented by: Misty Glorioso, PHR
Consultant
About Berkshire
Berkshire Associates Inc. is a human resource consulting and technology firm that specializes in helping companies build their ideal, balanced workforce.
As an industry leader for the last 30 years, we specialize in affirmative action, applicant management, compensation management, diversity, and professional training.
We offer a suite of software solutions including BALANCEaap, BALANCEtrak, BALANCEpay, and BALANCEact.
Session Objective
The objectives of this session are to:
• Familiarize you with OFCCP’s definition of a Internet Applicant
• Examine strategies for creating a compliant applicant process
• Show you how to analyze the data to determine if adverse impact exists
OFCCP AND AFFIRMATIVE ACTION
OFCCP’s Mission
The purpose of Office of Federal Contract Compliance Programs (OFCCP) is to enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government.
Affirmative Action Programs
Affirmative action programs ensure federal contractors and subcontractors exhibit good faith efforts in the recruitment and advancement of qualified minorities, women, persons with disabilities, and covered Veterans.
OFCCP’S INTERNET APPLICANT DEFINITION
OFCCP’s Definition of an Internet Applicant
• electronic expression of interest • Internet or related electronic data technology
Submits
• by the contractor • for a particular position
Considered
• the basic qualifications • for the particular position
Possesses
• does not withdraw • at any point prior to being made an offer
Withdraws
Data Management Techniques
Submissions to be Considered
Numerical limits
Random
sampling
Cutoff date
Record Retention
Contractors must maintain any and all expressions of interest through the Internet or related electronic data technologies as to which the contractor considered* the individual for a particular position. These records must be maintained regardless of whether the individual qualifies as an Internet Applicant under 41 CFR 60-1.3.
Example of Applicant Process and Final Pool
120 • Total résumés through
electronic submission
60 • Considered for the
particular position
30 • Met basic qualifications
20
• Did not withdraw prior to an offer
• Applicants based on definition
CREATING A COMPLIANT PROCESS
Creating a Compliant Process
Develop an applicant policy which addresses:• Equal employment opportunity• Solicited vs. unsolicited submissions• Data management techniques• A prescribed process of submission• When to solicit race and gender• How to handle internal applicants• Utilization of search firms and other third party vendors
Creating a Compliant Process
Develop applicant process and procedures:• Consider utilizing requisition numbers• Establish meaningful disposition codes• Ensure you are able to determine the stage of the selection process where an applicant was filtered out• Consider routing all submissions to your website or other electronic avenue• Document processes and procedures
Creating a Compliant Process
Develop applicant process and procedures:• Utilize a reliable electronic applicant tracking tool• Ensure everyone involved in the selection process is trained on the company’s policies and procedures• Conduct self-audits to ensure compliance• Conduct adverse impact analysis on applicants and at every stage of the selection process
Creating a Compliant Process
All job postings should include:• Job title and requisition number• Location• Job duties and responsibilities• Basic qualifications• Education• Experience• Knowledge and skills
• Instructions on how to apply (consider accessibility issues for disabled)• Equal Employment language
Creating a Compliant Process
Be sure to:
• Post with state employment agencies• America’s Job Exchange• One Stop Centers
• Maintain posting documentation
Creating a Compliant Process
When accepting and reviewing submissions:• Retain records on all internal and external
searches• Collect and retain records from third party
vendors• Utilize data management techniques if
needed• Retain submissions of all those considered• Retain all employment records, including
résumé, application, interview notes, employment test, and results
Creating a Compliant Process
Not Best Qualified
Phone Screen
1s
t
Interview
Skills Test
2n
d
Interview
Reference Check
Credit Check
Drug Test
Declined
Hired
Creating a Compliant Process
Conduct adverse impact analysis on applicants and at every stage of the selection process
Does adverse impact exist in this example?
Female Hires:
Female Applicants:
Male Hires:
Male Applicants:
5
100 = .05
5
10 = .50
= .10
Creating a Compliant Process
Conduct self-audits to uncover deficiencies:
• Applications and/or résumés not considered retained (only considered applications should be retained)
• Recruitment folders maintained with superfluous information (folders should only contain a copy of the job description, job requisition, and postings with State Employment and/or America’s Job Exchange)
• Self-ID forms attached to applications
Creating a Compliant Process
• Inconsistent or no interview questions
• Inconsistent or no minimum qualification or criteria for reviewing applicants
• Notes written directly on résumés/applications
• Not having updated job descriptions
Recruitment Strategies
Listed below are a good mixture of sources:InternetOrganizations for the DisabledJob Fairs Trade AssociationsNewspapers Trade JournalsPrivate Agencies Women’s GroupsGovernment Agencies Veteran’s Groups Educational Institutions Minority Organizations• Technical/Trade/
Vocational Schools• Colleges and Universities,
Other Schools
Session Recap
You should now be:
• Familiar with OFCCP’s definition of a Internet Applicant
• Able to discuss strategies for creating a compliant applicant process
• Able to analyze applicant data to determine if adverse impact exists
Automating Applicant Management Process for Compliance
• Start your search with the end in mind—not all systems are made equal
• Process driven • Ability to log and store • OFCCP compliant applicant data • Candidate searches• Selection information at every stage of the process
• Ability to define your Disposition Codes based on your process
• Easily capture self-identification information• Ability to “easily” extract your accurate applicant flow log
(no vendor involvement or cost)• Ability to post jobs to multiple job boards, specialized
sites, and state employment agencies• Simpler the better
