For many years, Federal contractors had limited avenues for getting answers to detailed questions associated with Affirmative Action and EEO compliance. While contractors could take the time to call the OFCCP or EEOC directly, it could be cumbersome to chase down a direct answer to any question that went beyond the text in the regulations. Contractors would also call on the various consultants and attorneys in the industry to get their interpretation of the regulations, but even with their vast expertise, those opinions might not be consistent from group to group and more importantly, they may not be in sync with the governments interpretation.
Having talked about how things used to be, BCG wants to make sure that contractors and proactive companies across the country are aware of new channels of information that are now available to them. One very important area of information that is now available to the public is the Office of Federal Contractor Compliance Programs (OFCCP) website. While that may seem like common knowledge because everyone has a website and the government may not be known for providing real insight into their expectations, the current OFCCP website has evolved into a fountain of useful and in many cases even current information. While any website is far from perfect, there are certain areas of the current OFCCP site that are very useful and should be bookmarked and read by everyone from contractors to consultants. BCG will be providing a series of blogs to identify certain areas of the website that people should pay attention to.
Today's section is the Frequently Asked Questions (FAQ's) portion of the site. With the dramatic amount of change that has occurred in the OFCCP and Affirmative Action Planning requirements in the last 10 years comes a tremendous number of questions. The OFCCP has posted a detailed FAQ site that contains answers to hundreds of questions from the most basic to the very advanced. The FAQ's are separated by topic and they provide in-depth answers to the following topics:
* ADA Amendments Act
* Corporate Scheduling Announcement Letter (CSAL)
* The Good-Faith Initiative for Veterans Employment (G-FIVE) Initiative
* Accessibility of Online Application Systems
* Electronic Recordkeeping Systems
* Jobs for Veterans Act (JVA)
* For Employees
* For Employers
* Compensation Standards
* Corporate Management Compliance Evaluation
* Federal Contractor Selection System (FCSS)
* Functional Affirmative Action Program (FAAP)
* Internet Applicant
* Jurisdiction
* Policy/Regulatory Issues
The OFCCP updates these questions periodically and BCG has found them to be an invaluable resource when assisting clients with understanding the governments expectations. Visitors can read answers to many of the most common questions and they can even search the lists for the specific answers they seek. While no single resource can answer every question and provide perfect answers, BCG highly recommends this site as a great place to start.
http://www.dol.gov/esa/ofccp/regs/compliance/faqs/offaqs.htm
If you have questions about regulations or resources feel free to e-mail staff@biddle.com and we will try to help.
Friday, August 28, 2009
Thursday, August 27, 2009
BCGI Fall Webinar Schedule Released
BCG Institute for Workforce Development is excited to announce the Fall 2009 Free Webinar Series! Please see the invitations to five new sessions below and be sure to visit www.bcginstitute.org for the entire webinar catalog.
Fall 2009 Webinar Series:
SESSION 1:
Title: Compensation 101 for Federal Contractors - Preparing for OFCCP Changes in 2010
Date: Monday, September 21, 2009
Time: 11:00 AM - 12:30 PM PDT
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/206670065
SESSION 2:
Title: Submitting your AAP for an OFCCP Desk Audit - (Do's and Don'ts)
Date: Wednesday, October 21, 2009
Time: 11:00 AM - 12:30 PM PDT
Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/348463960
SESSION 3:
Title: Recordkeeping with a focus on Adverse Impact and Test Methodology in Today's OFCCP Audit Environment
Date: Thursday, November 12, 2009
Time: 11:00 AM - 12:30 PM PST
Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/655048681
SESSION 4:
Title: Keeping up with the Changes in Requirements for Veterans and Individuals with Disabilities
Date: Tuesday, November 17, 2009
Time: 11:00 AM - 12:30 PM PST
Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/650068729
SESSION 5:
Title: Understanding Basic Qualifications and their role in EEO Compliance
Date: Wednesday, December 9, 2009
Time: 11:00 AM - 12:30 PM PST
Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/288671240
Fall 2009 Webinar Series:
SESSION 1:
Title: Compensation 101 for Federal Contractors - Preparing for OFCCP Changes in 2010
Date: Monday, September 21, 2009
Time: 11:00 AM - 12:30 PM PDT
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/206670065
SESSION 2:
Title: Submitting your AAP for an OFCCP Desk Audit - (Do's and Don'ts)
Date: Wednesday, October 21, 2009
Time: 11:00 AM - 12:30 PM PDT
Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/348463960
SESSION 3:
Title: Recordkeeping with a focus on Adverse Impact and Test Methodology in Today's OFCCP Audit Environment
Date: Thursday, November 12, 2009
Time: 11:00 AM - 12:30 PM PST
Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/655048681
SESSION 4:
Title: Keeping up with the Changes in Requirements for Veterans and Individuals with Disabilities
Date: Tuesday, November 17, 2009
Time: 11:00 AM - 12:30 PM PST
Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/650068729
SESSION 5:
Title: Understanding Basic Qualifications and their role in EEO Compliance
Date: Wednesday, December 9, 2009
Time: 11:00 AM - 12:30 PM PST
Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/288671240
Friday, August 21, 2009
OFCCP Announces Record Settlement
The Office of Federal Contract Compliance Programs (OFCCP) announced another large settlement related to females and minority hiring. Once again it is related to the use of non-validated tests in high-volume entry-level positions. Look for this to be a recurring theme with the OFCCP over the next several years.
See below for the ESA news release:
Gerber Products Co. in Fort Smith, Ark., agrees to pay $900,000 to minorities and females for hiring discrimination
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) announced Gerber Products Co. has agreed to settle findings of hiring discrimination against 1,912 rejected minority and female applicants for entry-level positions. The agreement settles the department's allegations that Gerber engaged in hiring discrimination against minority and female applicants for one year.
During a scheduled compliance evaluation of Gerber Products in Fort Smith, OFCCP investigators found the hiring disparity was in part caused by inconsistent selection procedures for entry-level positions. Additionally, OFCCP found that Gerber used pre-employment tests that negatively impacted minority applicants and determined that there was insufficient evidence of validity to support Gerber's use of the test. Gerber has discontinued its use of the test in the hiring process for entry-level positions. The company is headquartered in Florham Park, N.J.
Under the terms of the conciliation agreement, Gerber will not only pay 1,912 minority and female applicants $900,000 in back pay and interest, but will provide 61 entry-level positions, 11 of whom have already been hired. The company has also agreed to undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law and immediately correct any discriminatory practice. In addition, Gerber will ensure compliance with Executive Order 11246 recordkeeping requirements.
For more information, please visit:
http://www.dol.gov/opa/media/press/esa/esa20090969.htm
See below for the ESA news release:
Gerber Products Co. in Fort Smith, Ark., agrees to pay $900,000 to minorities and females for hiring discrimination
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) announced Gerber Products Co. has agreed to settle findings of hiring discrimination against 1,912 rejected minority and female applicants for entry-level positions. The agreement settles the department's allegations that Gerber engaged in hiring discrimination against minority and female applicants for one year.
During a scheduled compliance evaluation of Gerber Products in Fort Smith, OFCCP investigators found the hiring disparity was in part caused by inconsistent selection procedures for entry-level positions. Additionally, OFCCP found that Gerber used pre-employment tests that negatively impacted minority applicants and determined that there was insufficient evidence of validity to support Gerber's use of the test. Gerber has discontinued its use of the test in the hiring process for entry-level positions. The company is headquartered in Florham Park, N.J.
Under the terms of the conciliation agreement, Gerber will not only pay 1,912 minority and female applicants $900,000 in back pay and interest, but will provide 61 entry-level positions, 11 of whom have already been hired. The company has also agreed to undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law and immediately correct any discriminatory practice. In addition, Gerber will ensure compliance with Executive Order 11246 recordkeeping requirements.
For more information, please visit:
http://www.dol.gov/opa/media/press/esa/esa20090969.htm
Tuesday, August 18, 2009
OFCCP National Forum in September
The U.S. DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs (OFCCP) is hosting a national conference in Alexandria, VA.
See details from the OFCCP web link below:
http://www.dol.gov/esa/ofccp/arra_data/arra_registration.htm
Good Jobs for Everyone
Wednesday, September 9, 2009 – Alexandria, VA
Holiday Inn - Alexandria Historic District
625 First St. Alexandria, VA 22314 • 703.548.6300 • hioldtownalexandriahotel.com
WORKSHOPS
New Federal Supply & Service Contractors –What You Need to Know
Construction Contractors – 16 Steps to Affirmative Action Compliance
Federal Contracting & Procurement Officers –EEO and the FAR
Veterans’ Employment and the G-FIVE Initiative
Ricci and ADAAA legal updates
CONFERENCE PARTICIPANTS WILL LEARN
OFCCP and ARRA
Contractor and agency requirements under Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended
How to promote opportunities for veterans and disabled workers
How to promote nontraditional jobs for women and access for all workers
Compliance assistance and enforcement processes
REGISTRATION
Please email your name, title, organization, email address, telephone number to OFCCP-National-ARRA-Conference@dol.gov. There is no fee for attending this conference, however, space is limited. You will receive a confirmation email accepting your registration.
Please select which workshops you would like to attend (select all that apply):
q New Federal Supply & Service Contractors - What You Need to Know
q Construction Contractors - 16 Steps to Affirmative Action Compliance
q Federal Contracting & Procurement Officers - EEO and the FAR
q Veterans’ Employment and the G-FIVE Initiative
q Ricci and ADAAA legal updates
Forum Registration
To register, please give us the following information:
First name
Last name
Company
Address 1
Address 2
City, State Zip
Telephone
Email address
WHERE TO OBTAIN ADDITIONAL INFORMATION
For additional information regarding OFCCP, visit our website at http://www.dol.gov/esa/ofccp/arra_web.html or call the toll-free information helpline, available 8 a.m. to 5 p.m.
Eastern Time, 1-800-397-6251
We would prefer your registration by email to: OFCCP-National-ARRA-Conference@dol.gov
You may also fax this form to: 202-693-1304
You may mail this form to:
Conference Registration
U. S. Department of Labor - OFCCP
Room N-3422
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Please note any accommodations you may need to attend this program (be specific)
See details from the OFCCP web link below:
http://www.dol.gov/esa/ofccp/arra_data/arra_registration.htm
Good Jobs for Everyone
Wednesday, September 9, 2009 – Alexandria, VA
Holiday Inn - Alexandria Historic District
625 First St. Alexandria, VA 22314 • 703.548.6300 • hioldtownalexandriahotel.com
WORKSHOPS
New Federal Supply & Service Contractors –What You Need to Know
Construction Contractors – 16 Steps to Affirmative Action Compliance
Federal Contracting & Procurement Officers –EEO and the FAR
Veterans’ Employment and the G-FIVE Initiative
Ricci and ADAAA legal updates
CONFERENCE PARTICIPANTS WILL LEARN
OFCCP and ARRA
Contractor and agency requirements under Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended
How to promote opportunities for veterans and disabled workers
How to promote nontraditional jobs for women and access for all workers
Compliance assistance and enforcement processes
REGISTRATION
Please email your name, title, organization, email address, telephone number to OFCCP-National-ARRA-Conference@dol.gov. There is no fee for attending this conference, however, space is limited. You will receive a confirmation email accepting your registration.
Please select which workshops you would like to attend (select all that apply):
q New Federal Supply & Service Contractors - What You Need to Know
q Construction Contractors - 16 Steps to Affirmative Action Compliance
q Federal Contracting & Procurement Officers - EEO and the FAR
q Veterans’ Employment and the G-FIVE Initiative
q Ricci and ADAAA legal updates
Forum Registration
To register, please give us the following information:
First name
Last name
Company
Address 1
Address 2
City, State Zip
Telephone
Email address
WHERE TO OBTAIN ADDITIONAL INFORMATION
For additional information regarding OFCCP, visit our website at http://www.dol.gov/esa/ofccp/arra_web.html or call the toll-free information helpline, available 8 a.m. to 5 p.m.
Eastern Time, 1-800-397-6251
We would prefer your registration by email to: OFCCP-National-ARRA-Conference@dol.gov
You may also fax this form to: 202-693-1304
You may mail this form to:
Conference Registration
U. S. Department of Labor - OFCCP
Room N-3422
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Please note any accommodations you may need to attend this program (be specific)
Wednesday, August 5, 2009
How Do Employers [Properly] Disposition Overqualified Applicants?
By Marife Ramos
A client once asked: “Can we disposition overqualified applicants early in the selection process as ‘Did not meet the requirements of the job due to experience’?” The client went on to point out that overqualified candidates, more often than not, will NOT be hired anyway. The client said recruiters know (not “think they know”) that hiring managers typically shy away from hiring overqualified candidates because they tend not to be a good “fit” for the job and eventually leave after a short stint to accept or look for greener pastures. Hence, the client would rather disposition these candidates early in the process and essentially, exclude them from the applicant pool.
Surely, most of us can understand this client’s point of view. From the practical stand point, why should an employer waste time, money, and effort on applicants whom they think will not be a good “fit” anyway? However, excluding these applicants from the selection process simply because they are “perceived” as overqualified can open up an employer to a possible discrimination charge(s) (age discrimination is one of the possibilities).
Here is some advice from the experts on how to properly weed out overqualified applicants who are really not committed on being serious contributors to your organization:
• Let the job seeker self select him/herself out of the process. For example, let them know early in the process the salary requirements; the duties, responsibilities and expectations of the job; the work schedules; etc.
• Develop “fit” profiles. Properly developed fit profiles are used all the time in hiring. Do not simply include questions, at the recruiter’s or hiring manager’s discretion, in a non-validated manner with a non-validated interpretation of the applicant’s responses.
o For example, recruiters or hiring managers can craft questions such as: "Knowing that the job pays so little as compared to your previous job, how can I be convinced that you will remain in this job for a reasonable amount of time?” "Give reasons why you think that this job will not bore you?” "Why should we select you for this job when others with less education and experience can do the job as well or maybe even better?" "Where do you see yourself in two to three years?" These questions, when properly validated, can help the recruiter assess the extent to which the candidate will match with job requirements.
• Reframe questions (and related disposition codes) away from the “overqualified” language to “fit” evaluation/profile questions.
Keep in mind that unless the overqualified applicants “self select themselves out” of the process, they should be considered as “applicants.” If they met the 4 prongs of the OFCCP’s “Definition of an Internet Applicant” they need to move through the selection process just like anybody else. Their records need to be kept for recordkeeping and adverse impact analysis purposes. Selection decisions for and/or against them have to be documented and kept. Besides, not all overqualified applicants will turn out to be unhappy and short-term employees. You might actually find a diamond in a rough, you never know…
A client once asked: “Can we disposition overqualified applicants early in the selection process as ‘Did not meet the requirements of the job due to experience’?” The client went on to point out that overqualified candidates, more often than not, will NOT be hired anyway. The client said recruiters know (not “think they know”) that hiring managers typically shy away from hiring overqualified candidates because they tend not to be a good “fit” for the job and eventually leave after a short stint to accept or look for greener pastures. Hence, the client would rather disposition these candidates early in the process and essentially, exclude them from the applicant pool.
Surely, most of us can understand this client’s point of view. From the practical stand point, why should an employer waste time, money, and effort on applicants whom they think will not be a good “fit” anyway? However, excluding these applicants from the selection process simply because they are “perceived” as overqualified can open up an employer to a possible discrimination charge(s) (age discrimination is one of the possibilities).
Here is some advice from the experts on how to properly weed out overqualified applicants who are really not committed on being serious contributors to your organization:
• Let the job seeker self select him/herself out of the process. For example, let them know early in the process the salary requirements; the duties, responsibilities and expectations of the job; the work schedules; etc.
• Develop “fit” profiles. Properly developed fit profiles are used all the time in hiring. Do not simply include questions, at the recruiter’s or hiring manager’s discretion, in a non-validated manner with a non-validated interpretation of the applicant’s responses.
o For example, recruiters or hiring managers can craft questions such as: "Knowing that the job pays so little as compared to your previous job, how can I be convinced that you will remain in this job for a reasonable amount of time?” "Give reasons why you think that this job will not bore you?” "Why should we select you for this job when others with less education and experience can do the job as well or maybe even better?" "Where do you see yourself in two to three years?" These questions, when properly validated, can help the recruiter assess the extent to which the candidate will match with job requirements.
• Reframe questions (and related disposition codes) away from the “overqualified” language to “fit” evaluation/profile questions.
Keep in mind that unless the overqualified applicants “self select themselves out” of the process, they should be considered as “applicants.” If they met the 4 prongs of the OFCCP’s “Definition of an Internet Applicant” they need to move through the selection process just like anybody else. Their records need to be kept for recordkeeping and adverse impact analysis purposes. Selection decisions for and/or against them have to be documented and kept. Besides, not all overqualified applicants will turn out to be unhappy and short-term employees. You might actually find a diamond in a rough, you never know…
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