Recordkeeping & Utilizing the Definition of an Applicant

Transcription

1 Recordkeeping & Utilizing the Definition of an Applicant A presentation of the BCG Institute for Workforce Development (BCGi) January 12, 2011 The following presentation is not to be construed as legal advice. For specific legal advice please consult your corporate counsel or a labor attorney. Fe Ramos EEO/Sr. Consultant mramos@biddle.com Paayal Murti EEO/ Associate Analyst pmurti@biddle.com Biddle Consulting Group, Inc. Biddle Consulting Group, Inc. 193 Blue Ravine, Ste Blue Ravine, Ste.270 Folsom, CA Folsom, CA ext ext The following presentation is Copyrighted by Biddle Consulting Group, Inc. 1

2 Overview of Biddle Consulting Group, Inc. Leader in the EEO/AA Consulting Niche Affirmative Action Plan (AAP) Consulting & Fulfillment Assessments EEO Litigation Consulting /Expert Witness Services Compensation Analysis Publications/Books BCG Institute for Workforce Development Nation-wide Speaking and Training Largest EEO/AAP Consulting Firm (since 1974) EEs Develop thousands of AAPs for hundreds of contractors Audit and compliance assistance Enterprise AAP software used by hundreds of contractors AutoGOJA job analysis software (geared for validation) Test Validation & Analysis Program (TVAP) CritiCall callcenter testing for 911 operators (900+ clients) OPAC Administrative skills testing (1,000+ clients) Situational Assessments (General and Nursing) C4 callcenter testing for in/outbound call takers Over 200+ cases in EEO/AA (both plaintiff and defense) Focus on disparate impact/validation cases Proactive and litigation/enforcement pay equity studies COMPare compensation analysis software EEO Insight : Leading EEO Compliance Journal Adverse Impact Analysis (2 nd ed.) / Compensation Analysis (1 st ed.) 3,000+ members who receive free webinars and publications BCGi Platinum paid subscription membership w/eeo tools Several consultants on national speaking circuit Topics include 3 EEO compliance, statistics, and validation Disclaimer OFCCP audits are a complex topic But they are an important topic And one that has significant ramifications We are not giving legal advice This presentation has been designed to benefit all stakeholders in the EEO compliance community 4 2

3 Visit BCGi Online If you enjoy this webinar, Don t forget to check out our other training opportunities through the BCGi website. Join our online learning community by signing up (its free) and we will notify you of our upcoming free training events as well as other information of value to the HR community. 5 Agenda OFCCP Update Definition of an Applicants (A Review) Applicant Tracking Issues and Recommendations Questions and Answers 3

4 OFCCP Update Current Activities: OFCCP Update OFCCP is still aggressively pursuing Recordkeeping/Adverse Impact issues Lack of effort in job postings/recruitment is resulting in a high volume of conciliation agreements Desk/On-site audits are increasing and CO s are pushing for bigger samples. Data Reconciliation and Expanded dates for analysis Mini 503/VEVRAA Audits CSAL sent out mid December 2010 Compensation Guidelines was Rescinded 8 4

5 Coming Soon: OFCCP Update Updates to Section 503 of the Rehabilitation Act and VEVRAA Meaning: Goals for Veterans and the Disabled are coming Significant increase in scrutiny regarding the recruitment, selection and retention of veterans and the disabled Recidivism measures going beyond the establishment Updates to the FCCM Industry specific reviews Pursuing individual complaints Functional Plans Paycheck Fairness Act 9 Revisiting the Definition of an Applicant 5

6 Definition of an Internet Applicant There are no Records must be retained record retention for all applicants who are obligations at considered this for a specific stage position. Solicit Race/Ethnicity & Gender from Job Seekers Only individuals who meet all four prongs are applicants and will be included in the Personnel Transactions and Adverse Impact Analyses 1. Individual Submits Expression of Interest 2. Contractor Considers Individual for a Particular Position 3. Individual Possesses Basic Qualifications * 3 Conditions of BQ 1) Non-comparative 2) Objective 3) Relevant 4. Individual Does NOT Self- Eliminate Before Offer is Made Individual is an Applicant 11 Other Things to Remember RE: Basic Qualifications 12 Basic Qualifications Must be Established in Advance Maintain a record of BQ(s) that will be used to search a database Demographics must be solicited from all job seekers who met the BQ Retain records of those who met the BQ even if they eventually did not become an applicant. 6

7 Applicant Tracking: Common Issues and Recommendations Data Management Techniques Random Sampling - small subset drawn at random 1000 Resumes Give me every 5 th until I get Resumes Absolute Numerical Ceilings - contractor reviews only pre-destined d number of resumes Give me the first 100 resumes 14 7

8 Data Management Techniques From the FAQ: If the contractor does not open the resume as a result of appropriate data management techniques that limit the number of resume "hits" that are reviewed, then the contractor has not considered that individual Large Pool to Review Issue: The pool of job seekers who Met the Basic Qualifications: (1.1) is too large to review. OR (1.2) will be too large to review. 16 8

9 1.1 Pool IS too Large to Review Recommendations (As per the OFCCP): Employ Data Management Techniques to Determine who must be Contacted in regards to their Interest in the Position - Random Sampling - Absolute Numerical Ceilings Screen for Expressions of Interest 17 - Salary -Work Shift - Traveling preference Screen for Additional Preferred Qualifications - Quickbooks 1.2 Pool WILL BE too Large to Review Recommendations (As per the OFCCP): Employ Data Management Techniques to Reduce the Number of Resumes that will be Retained Establish a Search Protocol - Effective use of information Screen for BQ serially or in combination. - Serial screening one after another - Combination screening in sets or combinations 18 9

10 1.2 Pool 1. Large WILL BE Pool too to Large Review to Review Search Protocol (Example): B.S. in Engineering (Basic Qualifications) Location: Cleveland, OH Salary: $60,000/year Pool WILL BE too Large to Review Resume.Com B.S. in Engineering = 5000 resumes Engineers Willing to Work in OH for $60K = 200 resumes 20 Engr s willing to work in OH for $60K with BS in Eng g = 100 resumes **Not to Scale 10

11 1.2 Pool WILL BE too Large to Review Applicants B.S. in Engineering (5000) Willing to Work in OH for $60K 100 resumes Record Retention 5000 resumes Pool WILL BE too Large to Review Applicants Willing to Work in OH for $60K (200) B.S. in Engineering 100 resumes Record Retention 100 resumes 22 11

12 1.2 Pool WILL BE too Large to Review Serial/Combination Screening (Example): Position: Emergency Room Nursing Supervisor Basic Qualifications (must be preestablished): 23 o B.S. in Nursing o State Registered Nurse o Bi-Lingual in English and Spanish o 3 years of emergency room nursing experience o 2 years of supervisory experience 1.2 Pool WILL BE too Large to Review Resume.com 5000 First 3 BQ s: Degree; RN; Bi-Lingual th BQ: 3 years of emergency room experience 5 th BQ: 2 years of supervisory experience 24 IMPORTANT! All BQ s must be pre-established 12

13 2. Applicant Tracking System (ATS) and Human Resources Information System (HRIS) ATS and HRIS are not talking to each other (i.e., no connection) Mrs. ATS Mr. HRIS ATS and HRIS Issues: Identifying the correct applicant pool for the hires Information differs from one system to another o Race/gender information o Location o Job title o Are there requisitions not filled? 26 13

14 2. ATS and HRIS Common Data Challenges (During an Audit) 27 Hires are not in the applicant pool Not enough applicants for the hires Hires > Applicants One to One Ratio BEWARE: Total numbers could be deceiving Number of applicants seem appropriate Further review reveals that some hires are ACTUALLY not present in the applicant pool 2. ATS and HRIS 10 Female Applicants with 5 female hires 28 Applicants = 10 Jane 1 Jane 2 Jane 3 Jane 4 Jane 5 Jane 6 Jane 7 Jane 8 Jane 9 Jane 10 Hires = 5 Jane 1 Jane 2 Jane 3 Mary Joan 14

15 2. ATS and HRIS Recommendations: Artificially force these two systems to talk Make it a protocol to transfer requisition numbers in HRIS when applicants get hired Can the ATS store employee numbers? Periodically update applicant pool (when feasible) every time hires occur Perform regular self-audit Applicant Dispositions Issue: Lack of, Improper, and/or No disposition information stored in the ATS There are two primary reasons (aside from the legal requirement) why it is in the employers best interests to ensure proper use of disposition codes within their ATS: To filter-out individuals who do not meet the definition of applicant To conduct adverse impact step analyses necessary to pinpoint specific issues 30 15

16 3. Applicant Dispositions Adverse Impact Analysis Male v. Female Steps Starting Count Completing Count Result Overall (App Analysis: vs. Male Applied vs. Hired Male - 50 Hired) Female Female SD 1. Basic Qualifications Male Female Male 79 Female SD 2. Test Male - 79 Male SD Female - 77 Female Interview Male - 65 Female Final Selection Male Female - 32 Male 60 Female - 32 Male 50 Female SD 0.00 SD 3. Applicant Dispositions Recommendations: Most ATS have the ability to collect disposition codes (i.e., status). Configure the ATS to collect/retain a history of disposition codes for each applicant Disposition codes should be job specific Train users on the proper use of the system Let users know WHY it is important (e.g., provide AAP/EEO training, get them involved in audits, etc.) - collaborate 32 16

17 3. Applicant Dispositions Sample Disposition Codes Not Considered: d Testing Stage: Data Management Technique Failed test Position filled Failed to show for test Interview Stage: Screening Stage: Failed interview (reason) Not Meet MQ/BQ (e.g. Educ.) Failed to show up for interview Accepted another position Offer made: Not interested in position Declined (reason?) Not accepted background check Failed drug/alcohol screening test One Applicant Pool for Different Jobs Job 1 Job 3 Job 2 Issues: o Unable to argue for analysis by job title o Hire is being compared to applicants who don t possess the same qualifications o One to One Ratio? 34 17

18 4. One Applicant Pool for Different Jobs Recommendations: 35 Create separate reqs for each job title Advertise for a generic job title Example: Nurses vs. Nurse I, Nurse II, Nurse III Set BQ s that could be considered generic Example: State registered nurse Pick from the pool of applicants for positions i needed filled Example: If Nurse II is needed, then everybody from the pool who possess the BQ to be a Nurse II is your applicant pool 5. Centralized Application Location 2 ( 5 Hires) 36 Location 1 (20 hires) Centralized Applicants (100 applicants) Issues: o Same applicant pool BUT Location 3 location gets no (1 hire) credit for the hire o Possible presence of adverse impact in locations where hire did not occur 18

19 5. Centralized Application Recommendation: To get credit for the hire, create a different hire code for locations where hire did not occur o Example: Hired into Location 1 Hired into another job/requisition Centralized Application Original Number Applicants Hires Standard Deviation Males Females Males Females Location N/A Location Location 2 Get Audited Applicants Hires Standard Deviation Males Females Males Females Location Add: Hires from other location TOTAL:

20 6. Hybrid Applicant Pool 39 Internal Applicants External Applicants Hybrid Applicant Pool Both internal and external applicants can apply to an open requisition Issues: o How to analyze the transactions? Promotions? Hires? o What does the OFCCP expect? 6. Hybrid Applicant Pool Recommendation: Ensure that applicant type is captured (i.e., internal vs. external) If you are to analyze. 40 Identify reqs where there are only external applicants o External applicants vs. External hires Identify reqs where there are only internal applicants o Internal applicants vs. Internal hires 20

21 6. Hybrid Applicant Pool Recommendation (Cont.): Identify reqs where both internal and external applicants are present o Final hire could either be internal or external o Conduct a selections analysis Note: This type of detail might prove to be too time consuming for most employers. However, this is the proper way to analyze these transactions. If you need to pick your battle, only include external hires and external applicants in the analysis of hires. Internal hires will be compared to only internal applicants Overqualified Applicants Issue: Influx of overqualified applicants in the applicant pool 42 Common Perceptions/Concerns: o Will not be committed to the job why waste time? o Will tend to be non team players o Will complain a lot o Unchallenged easily bored o Overall unhappy employees 21

22 7. Overqualified Applicants Things to Consider: Did he/she follow protocol regarding submission of the application? YES Was the resume reviewed (i.e., considered)? YES Did he/she meet the basic qualification? YES Did he/she h self-withdraw ihd from the process? NO 43. then he/she is an applicant! 7. Overqualified Applicants 44 WARNING! Most employers defense against potential litigation is to claim that they hire the most qualified person for the job You cannot claim this if you eliminate job candidates who are overqualified Reducing experience or intelligence levels of current candidate pool may not be a good idea if promotions will be eventually filled from that pool 22

23 7. Overqualified Applicants What to do. Explain job carefully to all candidates Offer a realistic job preview to all candidates Attempt to gather information about the validity of your using an upper limit approach 45 Do not rely heavily on unverified claims or report from newspapers, magazines, or internet EEO Insight 46 23

24 Fe Ramos EEO/Sr. Consultant Paayal Murti EEO/ Associate Analyst Biddle Consulting Group, Inc. Biddle Consulting Group, Inc. 193 Blue Ravine, Ste Blue Ravine, Ste.270 Folsom, CA Folsom, CA ext ext The following presentation is Copyrighted by Biddle Consulting Group, Inc. Questions 48 24