Transcript On February 6, 2006 the OFCCP’s regulations covering its

On February 6, 2006 the OFCCP’s
regulations covering its version of
Definition of an Internet Applicant
will take effect.
The
Staffing
Strategy
Connection
The
Staffing
Strategy
Connection
Abbott
Agilent Technologies
AOL
Aramark
ATK
Aventis
Bank of America
Bausch & Lomb
BearingPoint
Bombardier Learjet
CitiFinancial
Corning
Deloitte
Disney
Federated
First Energy
FirstMerit
Freescale
Gillette
Gulfstream Aerospace
Henry Schein
Home Depot
Honeywell
Invitrogen
JP Morgan
Johnson & Johnson
KeyBank
Lilly
Limited Brands
Merrill Lynch
Microsoft
Motorola
Nordstrom
Northrup Grumman
Pepsi
Pfizer
Randstad
Rohm & Haas
Royal Bank of Canada
Schering Plough
Seagate
Sprint
Starbucks
Symantec
Tenet Healthcare
Texas Instruments
US Trust
Wachovia
Wal-Mart
Yahoo!
Yum! Brands
Strongly Recommended
SHRM 90 minute webcast on the Definition of an Internet
Applicant was presented on Thursday November 4, 2005 by
David Fortney, Partner, Fortney & Scott LLP and
David Cohen, founder and President, DCI Consulting Group,
Inc. (available on SHRM.org’s webcast archives)
Also, Federal Register, Friday October 7, 2005
DOL OFCCP 41 CFR Part 60-1
Obligation to Solicit Race and Gender Data for Agency
Enforcement Purposes: Final Rule
<http://a257.g.akamaitech.net/7/257/2422/01jan20051800/e
docket.access.gpo.gov/2005/pdf/05-20176.pdf>
The
Staffing
Strategy
Connection
1. Why all the fuss (the short version)?
2. The Definition of an (Internet) Applicant
3. Records must be maintained.
4. Summary Thoughts and Q&A
The
Staffing
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1. Why all the fuss (the short version)?
The OFCCP requires that federal contractors obtain gender,
race and ethnicity data on employees and applicants.
UGESP 1978
Internet & 1990’s
OMB 2000
March 4 & 29, 2004
October 7, 2005
February 6, 2006
The
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Other shoe is falling… when?
2. The Definition of an (Internet) Applicant
If the following 4 criteria are ALL satisfied,
the person is an (Internet) Applicant:
i) The individual submits an expression of interest in employment
through the Internet or related electronic data technologies*;
ii) The contractor considers the individual for employment in a
particular position**;
iii) The individual’s expression of interest indicates the individual
possesses the basic qualifications for the position***; and
The
Staffing
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iv) The individual at no point in the contractor’s selection process prior
to receiving an offer of employment from the contractor, removes
himself or herself from further consideration or otherwise indicates that
he or she is no longer interested in the position****.
2. The Definition of an (Internet) Applicant
i) The individual submits an expression of interest in employment
through the Internet or related electronic data technologies*;
*as long as the employer considers an “expression of interest” through
some form of internet or electronic means then any and all other
expressions of interest through any other accepted means (snail mail
etc.) are also covered under the Internet definition.
The
Staffing
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Implication: Only 1 definition can cover a single position.
Best practice: ALL positions are under 1 definition.
2. The Definition of an (Internet) Applicant
ii) The contractor (employer) considers the individuals for
employment in a particular position**;
**”considers” means that the contractor assesses the content of the
expression of interest with respect to the qualifications for a particular
position. An employer can establish a protocol to not consider
expressions of interest (as long as it is numerically limited or random
in nature i.e. data management techniques that do not depend on
assessment of qualifications”). An employer can also not consider
expressions of interest if they aren’t submitted in the standard
established procedure or are unsolicited with respect to specific
positions.
The
Staffing
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Implication: Think before you search. Sourcing discipline is a must.
Best practice: Training is an essential component.
2. The Definition of an (Internet) Applicant
iii) The individual’s expression of interest indicates the individual
possesses the basic qualifications for the position***; and
***”basic qualifications” means the qualifications that appear in an
employer advertisement (i.e. found on company website, newspaper
etc.) or, alternatively, the criteria established and used to search an
external database in advance of advertising.
AND
meet non-comparative, objective and job-relevant criteria
The
Staffing
Strategy
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Implication: You will live or die on what you write.
Best Practice: Knowledge, Skills, Experience, Location,
Compensation,
NOTE: Tests are not basic qualifications
2. The Definition of an (Internet) Applicant
iv) The individual at no point in the contractor’s selection process prior
to receiving an offer of employment from the contractor, removes
himself or herself from further consideration or otherwise indicates that
he or she is no longer interested in the position****.
**** “removed” means
express statement no longer interested
OR
passive demonstration of disinterest (non-responsive, conflicting
preferences related to salary, location, etc.)
The
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Implication: required to solicit gender race and ethnicity but
not required to obtain it.
Best Practice: Frequent deletion of candidates “not
considered” or “removed”.
3. Records must be maintained.
Internal
• All “expressions of interest” that you considered for specific
positions (Resume/Profile)
• Candidates contacted regarding their interest in a specific position
(Agents, etc)
• Every resume added to the database.
• Date each resume was added.
• Position for which each search of the database was made.
• Corresponding search criteria (time-stamped) for each search.
External
• A record of the position for which each search was conducted
• The search criteria
• Date of the search
• All resumes found that meet basic qualifications and are
considered.
The
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Implications: Significant alteration of sourcing strategies.
Best Practices: Training is essential. Monster’s records of how your recruiters
search
4. Final Thoughts and Q&A
Keep your eye on the ball- This is about who is an applicant not who
you select (you already know if you aren’t hiring diversity)
Training is priority #1. Partner with your company’s diversity function.
All jobs should be under this definition. Are they? Don’t assume.
EEOC? Keeping the promise to be consistent?
The
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Fewer problems unqualified candidates. Problems with qualified
applicants will increase immeasurable if your process isn’t transparent.