America’s Job Exchange 400 Minuteman Road, Andover, MA 01810 www.americasjobexchange.com American Association for Affirmative Action 2013 National Conference and Annual Meeting May 7-10, 2013 | San Antonio, TX Rathin Sinha President, America’s Job Exchange
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Internet outreach for diversity recruitment and ofccp compliance
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America’s Job Exchange400 Minuteman Road, Andover, MA 01810www.americasjobexchange.com
American Association for Affirmative Action2013 National Conference and Annual Meeting
May 7-10, 2013 | San Antonio, TX
Rathin SinhaPresident, America’s Job Exchange
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Disclaimer
Not legal advice. The presentation is intended only to stimulate discussions among practitioners and industry participants relating to affirmative action and OFCCP
compliance in internet recruitment and workforce development.
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We live in communities that are increasingly more diverse, including Veterans, individuals with Dis-ABILITY, Ethnicity, Race, Color, Gender, Age and more
Diversity in our Communities
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Proactively reach and attract candidates from these diverse communities for your job openings
Hire and retain these employees in an environment that free of discrimination by backgrounds
Ensure career growth and pursuit of excellence in an environment that provides equal opportunities
Diversity at the Workplace
Our workplace should resemble the diverse communities we represent
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Proactively leverage diversity and equal employment principles to make diversity a competitive advantage for your business
Step 2:Proactive Diversity
Develop and manage programs to ensure that both the letters and spirits of affirmative action and related laws are complied to
Step 1:Regulatory Compliance
The road to diversity excellence can be broken in two steps
Leveraging Diversity
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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,
• Conciliation Agreement, Penalties, Debarment
The OFCCP enforces regulations relating equal employment & affirmative action in companies that do business with the Federal government
Role of OFCCP
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Executive Order 11246
Prohibits Federal contractors from discriminating in employment decisions based on race, color, religion, sex or national origin.
Section 503 of the Rehabilitation Act of 1973
Requires Federal contractors to take affirmative action to hire, retain and promote individuals with disabilities.
Vietnam Era Veteran’s Readjustment Act, as amended in conjunction with Jobs for Veterans Act (VEVRA/JVA)
Requires Federal contractors to take affirmative action to hire, retain and promote veterans.
It mandates that Federal contractors must comply with a set of regulations in their recruitment practices.
Key Regulations
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Increased Prominence• New leadership
• Budget increase
• Staff Increase
Heightened Enforcement • Higher incidents of audits
• Aggressive litigation
• Larger penalties
The OFCCP has been very engaged and active during the terms of the Obama administration
An Engaged OFCCP
Sources 1 Video speech at the National ILG Conference in Hawaii, 2012; http://www.dol.gov/ofccp/addresses/Director_address_NILG_Aug302012.htm
“Under the Obama administration, OFCCP compliance officers have reviewed more than 15,000 companies that do business with the U.S. Government. During that
period, we've recovered $38 million in back wages and more than 8,000 potential job
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Strengthening Regulations
It has also proposed new regulations and changes to current regulations
To improve employment opportunities for veterans and protected veterans
To improve employment opportunities for individuals with disabilities
To improve employment opportunities for women and minorities in the construction industries
To combat pay discrimination and develop new compensation data collection tool
To evaluate revisions to the guidelines on sex discrimination
To emphasize data collection, analysis , and data-driven review to track progress
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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
Proposed Changes: Protected Veterans
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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
Proposed Changes: Individuals with Disabilities
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Mandatory Job Posting 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
Data Analytics• Analysis of candidate availability and actual hiring, compensation
• Annual review of recruitment efforts relative to goals and benchmarks
Proposed changes related to recruitment can be grouped in three areas:
Essence of Regulatory Changes
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Pace of Implementation
While pace of actual implementation has been relatively slow, it is expected to accelerate during the second term with continuity in purpose and leadership
Major focus to improve employment opportunities for the veterans and individuals with disabilities
Strict enforcement of compensation parity and possible development of compensation tool
Implementation of new scheduling letter with itemized information and expanded data tracking
Detailed adverse impact analysis, new compliance manual, focus on construction
Aggressive enforcement and audits with expanded coverage for first time contractors and SMB
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Changes in Systems and Processes
Career Site, ATS, HRIS, AAP/EEO-1/VETS-100 Submittals
Cost of Expanded Outreach
Direct cost and adminsitrative burden of job postings
Data Collection and Tracking
Collect, manage expanded set of data; protect for privacy
Complexity/Inconsistency of Enforcement
Individual interpretation of regulations
Federal contractors are already feeling the challenge of compliance related activities; -the proposed changes impose additional burdens
Impact on Contractors
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Automated TechnologyState-of-the-art web platform, job distribution technology,data exchange mechanism, and data tracking methodologies
Breadth of PartnershipsLarge network of partnerships with niche job sites, community organizations, states, associations and employment agencies.
Audit AssistanceExpertise and assistance on your side in the event of an audit including consultation, and retrieval and analysis of data
Brand DevelopmentEfficient and effective access to media, advertising, technology to attract, hire and retain a diverse set of candidates
Third party vendors such as AJE are increasingly considered as effective alternative to in-house only programs
The Role of Third Party Vendors
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Successor to America’s Job BankLaunched on the heels of termination of the AJB program of DOL
Destination for Job Seekers/Employers to ConnectSpecializes in the recruitment of diversity candidates and non-executive jobs
Specialists in online Diversity Recruitment and OFCCP ComplianceSpecializes in veterans and disability recruitment outreach and mandatory job listing online
AJE is a leading provider of recruitment advertising and compliance solutions
America’s Job Exchange
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Job listing is imported via an automatic feed for FTP, XML or direct scraping, or using online interactive posting
Job Posting as Outreach Media
Your Job
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The imported job is posted on the AJE national and state specific websites
Job Posting Outreach : Step 1
Your JobYour Job
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The job listing is then automatically posted on the AJE Mobile App.
Job Posting Outreach : Step 2
Your JobYour Job
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And then posted on the AJE Facebook App as part of Social Job Initiative
Job Posting Outreach : Step 3
Your JobYour Job
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The job opening is posted in the AJE network of Diversity Job Exchanges e.g. Veterans, Disability and much more.
Job Posting Outreach: Step 4
Your JobYour Job
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The job is included in relevant job alert emails sent to subscribed job seekers
Job Posting Outreach : Step5
Your JobYour Job
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The job opening is sent to aggregator sites to reach a broader audience