ARE YOUR RECRUITERS

OFCCP COMPLIANT?

NOT KNOWING COULD

COST YOU

David Scheffler

Partner, Vice President Compliance

Pinnacle HR Consulting Services

This document may not be duplicated or redistributed without the express written

permission of Pinnacle Affirmative Action Services, LLP. Please email info@Pinnacle-

AAP.com with any questions or visit our website: www.Pinnacle-AAP.com

AGENDA

Welcome

The OFCCP today and tomorrow

Recruitment requirements

Avoiding the common pitfalls

ATS: Top issues to review

THE OFCCP

TODAY & TOMORROW

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

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

TRANSLATING AA REQUIREMENTS

INTO RECRUITMENT

AFFIRMATIVE ACTION REQUIREMENTS

Recruitment

Executive Order 11246

Section 503

Directive 307

Directive 308

Section 4212

START WHERE THE OFCCP WOULD

FIRST STEP: DEFINING AN APPLICANT

INTERNET APPLICANT RULE

If a candidate meets the following criteria; then,

they are an applicant. More stringent

recordkeeping obligations apply.

Expresses

Interest

Considered

Meets Basic Qualifications

Does Not Withdraw

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

HOW DOES YOUR PROCESS & TECHNOLOGY

ADDRESS

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 at

common pitfalls and how to remedy

AVOID COMMON PITFALLS

Don’t just accept ATS vendor defaults

Disposition codes

Stages

Statuses

If it doesn’t match your process…it does not

work

The ATS should fit you…not the other way around

MAKE ATS A PARTNER IN COMPLIANCE

CHANGING YOUR PROCESS TO MATCH A

CHANGING OFCCP

As regulations, audit focus, and directives

change….so should your recruitment practices

Periodically evaluate your process for compliance

and efficiency

You can do both, improve compliance and

efficiency!

Time and money spent here will save you

Changes to your process should then flow to your

ATS and other technologies

AFTER REEVALUATING PROCESS

Map out a more efficient and compliant recruitment

process taking into consideration

Changing tides

New requirements

Business objectives

Advancements in technology

FOCUS ON BASIC QUALIFICATIONS

Creates a standard for which all candidates

compared against

Protects against unintentional discrimination in

sourcing

Reduces risk in an OFCCP audit

Reduces recordkeeping obligations

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

CONNECTED SUCCESSFUL TRAINING

Interconnect the Big 3

Recruitment efficiencies

Use of technology

Recruitment compliance

CONNECTED SUCCESSFUL TRAINING

What to do

Clearly outline what must be tracked

Why

Compliance and metric reasons behind the need to

track

How

Tie together the process and technology

SOCIAL NETWORKING RISKS

Links to “pooling positions” without an opening

Are your creating applicants?

Searching social/professional sites

Preferred vs. Basic

Not tracking

Evaluate how your team uses currently: Set your

benchmark

Consider increase in future need/use

Put best practices into place to meet

recordkeeping obligations and protect your

definition of an applicant

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 are

duplicated many times over

Dramatically increasing the applicant pool

Increasing chance of statistical significance

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 varying

locations…all are created differently

Custom reporting created to appropriately limit

your applicants for AAP production

Training is critical

Self-audit process to keep on track

PRESCREENING & ASSESSMENTS

Any technology that ranks, stacks, or scores

candidates = you considered them

Many companies apply these at the first step to

all candidates

Skill assessments (tests)

Anything you can pass or fail

Hot area for OFCCP

Risk for disparate impact

PRESCREENING QUESTIONS

Screening on basic qualifications is the most

compliant

Be careful of ranking tools, such as ACE in Taleo

The use of required and “asset” in the

screening tools can be difficult

• Know how the tool “thinks” to avoid

losing qualified talent

• Ex: Position requires a BA, applicant selects

MBA and is rejected

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

RECORD AS YOU GO

Compliance and data integrity dramatically

improve if the recruitment team makes this one

change!

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 they

review

More accurate dispositions

Decrease in candidates orphaned without a

disposition reason

Equals a smaller applicant pool for you

Recruitment steps documented as they occur

More reliable data

Tells the story

ATS: TOP AREAS TO REVIEW

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

DISPOSITION CODES - ACTION

Audit at least

quarterly:

If used at all

Used in the right

stages

Used to document

withdraws

Basic Quals knocked-

out

Clear and concise by stage

Breaks-down to 5 main groups:

Doesn’t meet Basic Qualifications

Candidate not interested

Company is not interested

Candidate declined offer

Hired

Audit Update

System processes the hire vs.

applicants

Cannot tell the story of recruitment

process

One size does not fit all

RECRUITMENT STEPS

RECRUITMENT STEPS - ACTION

Map out current

recruitment process

Professional

High volume

Staffing firms

Compare against the

stages in ATS

Interview notes

What/When/How?

Update stages to match process

Resume reviewed

Recruiter screen

Forwarded to the Hiring Manager

Hiring Manager interview

Tested

Offer extended(verbal and written)

Hired

Audit Update

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 actually

accomplishing what the recruitment team

desires

Need to take into account, requirements,

assets, and how the system “thinks”

SCREENING QUESTIONS

Basic vs. preferred

When in process

asked

Ranking, stacking,

scoring

Are they effective

Screen on basic

qualifications

Consider DMT & when

prescreening is applied

Avoid ranking on the

entire pool of candidates

Train recruiters on how

to formulate the ?s to

get the desired outcome

Audit Update

CONTACT

David Scheffler Partner & Vice President Compliance

Pinnacle Affirmative Action Services

(770) 693-7288

David.Scheffler@Pinnacle-AAP.com

www.pinnacle-aap.com