Preparing for OFCCP Compliance Rathin Sinha President, America s Job Exchange Patrick M. Nooren Ph.D. Executive Vice President, Biddle Consulting Group America s Job Exchange 400 Minuteman Road, Andover, MA 01810 www.americasjobexchange.com
Today s Speakers Rathin Sinha President America s Job Exchange rsinha@americasjobexchange.com Patrick Nooren, PhD Executive Vice President Biddle Consulting Group, Inc. pnooren@biddle.com Page 2
Disclaimer Not a legal advice. The presentation is intended only to stimulate discussions among job board operators and users relating to the recent developments and proposed regulatory changes at the Office of Federal Contract Compliance Program (OFCCP). Page 3
Represents the benefits of job seekers and employees EO11246 Equal Employment Section 503 - Americans with Disabilities VEVRAA/Section 4212 - Protected Veterans Audits federal contractors and imposes corrective actions if deficient Scheduling Letter, Information Request Desk Audits, On-Site Audits, About OFCCP The OFCCP enforces regulations relating Equal Employment & Affirmative Action Conciliation Agreement, Penalties, Debarment Page 4
Executive Order 11246 Job Listing Outreach Companies must list job vacancy announcements to reach protected groups Post job vacancy announcements to expose them to a large number of minorities, women, and underrepresented groups. Section 503 of the Rehabilitation Act of 1973 Reach out to persons with disabilities and provide information about job vacancy announcements. Vietnam Era Veteran s Readjustment Act (VEVRAA/JVA) List all employment opportunities with the appropriate employment delivery system in the state where the job is located. Page 5
The OFCCP has gone through notable changes under the current administration Increased Importance New leadership Budget increase of 35% New hires of 200 Compliance Officers (CO) Increased Enforcement Higher incidents of audits Aggressive litigation, Larger penalties Strengthening Regulations Proposed new regulations Submitted revisions to current regulations Recent Changes Page 6
Essence of Regulatory Changes Most of the proposed changes for recruitment can be grouped in the three areas: Mandatory Job Posting and Outreach Mandates specific methods of internet job postings and distribution Mandates additional outreach with community based organizations Data Collection and Tracking Pre-employment data collection for protected groups Effectiveness of recruitment efforts by source of candidates Analytics Analysis of candidate availability and actual hiring, compensation Annual review of recruitment efforts relative to goals and benchmarks Page 7
Proposed Changes: Protected Veterans Requires Specific Recruitment Efforts Must engage in certain number of outreach and recruitment programs Send job listings to the local employment service offices e.g. 1-stop centers Develop and maintain ongoing relationship with local Veterans Representatives Enter linkage agreement with listed organizations for recruitment and training Consult with Employer Resources Section of the National Resource Directory Requires Enhanced Data Tracking Initiate requests to have candidates self identify prior to job offer and collect data Track number of referrals from the state employment service delivery systems Track ratio of protected veteran referrals to total referrals & maintain data for 5 years Establish annual hiring benchmark and conduct annual review of recruitment efforts Page 8
Proposed Changes: Protected Veterans Referrals The total number of referrals that the contractor received from applicable local/state employment services The number of priority referrals of protected veterans from applicable local/state employment services The ratio of priority referrals of veterans to total referrals (referral ratio) Applicants The total number of applicants The number of applicants who identified as a protected veteran The ratio of protected veteran applicants to total applicants (applicant ratio) Page 9
Proposed Changes: Protected Veterans Hires The total number of people hired The number of protected veterans hired The ratio of protected veteran hires to total hires (hires ratio) Job Openings Total number of job openings Total number of jobs filled The ratio of jobs filled to job openings filled (job fill ratio) All data must be maintained for five (5) years Page 10
Proposed Changes: Protected Veterans Referral Ratio Number of priority referrals of veterans 25 = Total number of referrals 1000 Applicant Ratio Protected veterans 10 = Total applicants 500 Hiring Ratio Protected veteran hires 5 = Total Hires 100 Job Fill Ratio Number of job opening filled 200 = Total number of openings 700 = 2.5% = 2.0% = 5.0% = 28.6% Census Data: Barrier Analysis Hires Analysis??? Page 11
Proposed Changes: Individuals with Disabilities Requires Specific Recruitment Efforts Must engage in a minimum number of outreach and recruitment programs Send job listings to the local employment One-Stop Career Center Maintain ongoing relationship with local State Vocational Rehabilitation Agency Enter linkage agreement with listed organizations for recruitment and training Consult with Employer Resources Section of the National Resource Directory Requires Enhanced Data Tracking Initiate requests to have candidates self identify prior to job offer and collect data Track number of referrals from the state employment service delivery systems Track ratio of disability referrals to total referrals & maintain data for 5 years Establish 7% as a hiring goal for this group and conduct annual review of progress Page 12
Impact of Proposed Changes: Systems and Processes The proposed changes will require modifications to: Applicant Tracking Systems (ATS) Human Resource Information Systems (HRIS) Applicant Self-ID forms Websites / employment portals Affirmative Action Plan metrics EEO-1 submittals VETS-100 / 100A submittals Contracts/linkage agreements Budgets! Begin having conversations now...! Page 13
Business Impact on Proposed Changes Federal contractors are already feeling the challenge of compliance in the post AJB era. The proposed changes impose additional requirements. Cost of Implementation Direct cost and adminsitrative burden Effectiveness of Recruitment Methods Source of candidates by specific efforts Burden of Data Collection and Tracking Collect, manage and protect data for privacy Complexity/Inconsistency of Rules Individual interpretation of regulations Page 14
America s Job Exchange AJE is a leading provider of recruitment advertising and compliance solutions Successor to America s Job Bank Launched on the heels of termination of the AJB program of DOL Destination for Job Seekers/Employers to Connect Specializes in the recruitment of diversity candidates and mid-level jobs Leader in OFCCP Compliance for Recruitment Specializes in veterans and disability recruitment outreach and mandatory job listing Page 15
Solution for OFCCP Compliance The AJE solution is comprehensive and covers all related activities and processes. Page 16
Job data can be delivered automatically to AJE using XML, FTP, and other direct feed processes. Our solution includes free account set-up and importing of job data. AJE can also import job information directly from your site using site-scraping technology. Step 1: Job Exchange Data Preparation Page 17
Your job posting is automatically shared with the AJE network of job exchanges, including niche sites that cater to veterans, minorities, women, and persons with disabilities. Our national site ensures that your job posting reaches our diverse job seeker audience. Step 2: Job Postings on AJE Network Page 18
Maximum national exposure for your job listing AJE National Exchange www.americasjobexchange.com AJE Community Exchanges AJE Veteran Exchange AJE Diversity Exchange AJE Disability Exchange AJE Job Network AJE Job Network The AJE Job Network is developed with personalized content and user experiences for protected groups AJE State Exchanges Customized for all 50 states Syndication on National Job Boards and Social Media Channels Indeed, Simply Hired, GlassDoor, Facebook, Twitter Page 19
Step 3: Distribution to State Employment Delivery System AJE distribution network contains more than 5,000 state employment delivery systems as defined by the OFCCP. Your job is distributed to the appropriate states through a combination of direct feeds to individual states and manual postings (if required by the state). Page 20
Distribution network of 5,000 state employment delivery systems as defined by the OFCCP State Distribution Network State Job Banks Job feed to individual states Manual job postings if required AJE State Distribution Network Our best-in-class network of partners and job exchanges includes thousands of national, state, and community-based sites. State One-Stop Career Centers Daily email to offices nearest to job location Business representatives Career counselors Veteran representatives (LVER/DVOPs) Page 21
Step 4: Distribution to AJE Partner Network AJE partner network is made up of hundreds of outreach partner sites and hundreds of community-based organizations and governmentsponsored sites. Our outreach network features a strong representation of diversity partners. Page 22
AJE Partner Distribution Network Our best-in-class network of partners and job exchanges includes hundreds of national, state, and community-based sites. Distribution network of more than 5,000 outreach partners and sites including these premier partners Outreach Partner Network Veteran Job Boards www.veteranjobs.net www.jofdav.com www.allveteranjobs.com Disability Job Boards www.disabilityjobs.net www.disabledperson.com Diversity Job Boards www.asianhires.com www.africanamericanhires.com www.alllgbtjobs.com www.allhispanicjobs.com www.diversityjobs.com Distribution network includes hundreds of community-based organizations and government-sponsored sites Community-Based Organizations Goodwill Local chapters Easter Seals Local chapters The Arc Local chapters serving persons with intellectual disabilities Department of Rehabilitation Local state offices U.S. Department of Veterans Affairs www.va.gov Page 23
Our comprehensive online reporting portal provides accurate and detailed recordkeeping for all of your compliance activities. You benefit from around-theclock access to activities and reports that include posting and distribution details and clicks and applies from all of our traffic sources. Step 5: Online Reporting Portal Page 24
Job and Distribution Details Create reports for the company as a whole or for specific locations or subsidiaries. Detailed outreach and distribution information, including delivery method and date and time stamp. Reports can be saved and exported to PDF and Excel. Page 25
Individual Job Records Individual job records provide the 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. Page 26
Individual Job Records 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. Page 27
Account Dashboard Job traffic results are available in total or by source for all of AJE s traffic sources. Page 28
Job Manager Job posting history is easily accessible and up to date. Track your posting patterns to determine future needs. Page 29
Batch Feed Monitor Monitor batch feeds to manage performance and ensure your job imports are successfully received and processed. Page 30
AJE provides time-saving services and support so that you can focus on what s most important: attracting top talent and building a diverse workforce. We also provide assistance in the event of an OFCCP compliance audit. Step 6: Audit Support Assistance Page 31
Cost Effective but Complete To conclude, Federal contractors can obtain cost effective but complete solutions from third party vendors such as America s Job Exchange (AJE). Job Postings on AJE and the AJE Network of Job Sites Listings that reach large concentration of minorities, women, veterans and the disabled. Job Postings to Niche Diversity Partner Websites Listings that reach job seeker audiences in targeted communities of minorities, women, veterans and people with disabilities. Job Delivery to the Appropriate State Employment Systems Automated job delivery to State Workforce centers, Career One Stop Centers, LVERs and DVOPs, and CBO organizations. On-Demand Audit Reporting with Custom Report Downloads Shows record of job posting and delivery, related links and job description, time and date stamps, and delivery confirmation. Page 32
Additional Benefits Solutions from AJE also provide additional products to bolster ROI of recruitment media and advertising for diversity and inclusion. Traffic Generation Get traffic to jobs as well as career website through search engine optimization (SEO) and search marketing (SEM). Recruitment Brand Development A full suite of media products for recruitment sourcing, corporate branding, diversity branding and advertising. Recruitment Technology Services A full suite of technology services including data feed preparation, career site development and hosting. Audit Support and Document Management Live customer service and assistance in the event of an audit including consultation, and retrieval of past documents. Page 33
AJE: Satisfied Customers Page 34
Over 3500+ clients (600+ EEO/AA) BCG: Satisfied Clients Fortune 150 Fortune 151-300 Fortune 301+ GE Ford Citigroup ConAgra Foods Boeing Cisco Lockheed Martin Travelers Cigna Cummins Pepsi Medtronic PG&E Corporation Dominion Resources Kellogg ConAgra Parker Hannifin Jacobs Engineering State Street Corporation Sun Trust Banks Progress Energy Ashland AECOM Hormel Foods NiSource St. Jude Avaya Pentair Synovus Harvard Medical Mantech Aerojet Page 35
Thank You For more information, please contact: Rathin Sinha rsinha@americasjobexchange.com Patrick Nooren patrick@biddle.com