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Recordkeeping for the Hiring Process and How It Affects Affirmative Action Compliance


An FAQ from an OutSolve and BirdDog webinar

One of the most challenging aspects of affirmative action compliance is the collection of data during the hiring process and accurate analysis of the results.

OutSolve and BirdDogHR recently discussed this topic on a webinar. From this webinar, an FAQ was built. These are the questions and answers as they were discussed at the event.

Q1: Do I need to post ALL jobs?

A1: Yes, you really do need to post all of your jobs. The only exceptions are going to be temporary jobs that are lasting three or less days, any executive positions or positions that are filled internally. Otherwise, you should be posting all of them.

Q2: Do I have to keep records of “non-applicants?”

A2: Yes, you need to be able to keep records of everybody, even if they’re just coming in and applying in person. An onsite audit would require a review of applicants, including those who did not make it into the applicant pool.

Q3: Do I have to consider/open every application?

A3: No, you don’t have to open every application; this process could take hours upon hours.

The beauty of the Internet applicant rule is that if they’re not qualified based on their answers to your screening questions, they’re not an Internet applicant. Having processes and technology in place to be able to find who the true applicants are and who meets those qualifications will help you speed up that process.

The OFCCP allows for objective data management techniques where you can pull a certain number of applications to review so you don’t have to pull all of them and look at them. Check the OFCCP online frequently asked questions page as it discussed this in great detail.

Q4: When do I need to apply the self-ID questionnaire?

A4: There’s no specific time-frame rule about the Self-ID questionnaire. However, we highly suggest that you do it for every applicant at the beginning of the recruitment process. This way, you do not have to go back and ask those questions. Remember that the Self-ID questionnaire is voluntary; they don’t have to fill it out. Giving everybody the opportunity in the beginning of your process will help you down the line and keep you from missing anybody.

Q5: Do people have to choose race/gender/disability/veteran status?

A5: No, like the Self-ID questionnaire, selecting status is completely voluntary. The applicant can choose not to disclose that information, but you have to give the survey to everybody that has applied and meets your minimum requirements and qualifications.

Q6: Does every applicant go in my AAP?

A6: No. Filter out those who don’t meet all four of the criteria. The four criteria are:

  1. Expression of interest through Internet or related technology
  2. Individual was considered
  3. Individual met minimum requirements and was qualified
  4. Did not withdraw prior to offer

Q7: Do jobs need to be consistent between systems with a job code?

A7: When you have an ATS and an HRIS with different job codes and job titles, it’s going to create issues for your organization. It’s going to turn into a reporting nightmare. It’s easier to have a defined process that is going to have consistency between your recruiting efforts and the HRIS, creating a streamlined process that’s easier for you.

Q8: If the job seeker’s credentials are considered not for a particular position or requisition, is the job seeker not yet an internet applicant if the contact is casual?

A8: Taking a look at an application can get tricky because you start wandering into the whole business of creating pre-defined pools and evergreen pools. It’s recommended to organizations that they have a policy in place for how they’re going to determine this and what they’re going to allow their recruiters to do. Casual browsing is common, it’s a reality, and it’s what recruiters do. Any applicant resume that is reviewed should be added to a talent pool with the source of origin documented.

Q9: In regards to posting jobs and reporting, what about internships?

A9: If you have a pool of people who apply to be interns and you’ve selected from that pool, you have the possibility to discriminate. There’s now a pool of people who tried to get into your organization that did not get the position they were applying for. If they feel discriminated against, they could file and they could complain. If you’ve hired these people and they’re working for your company, then they belong in your Affirmative Action Plan. Often, organizations try to avoid adding seasonal employees or different types of temporary positions to their AAP. If they’re on your payroll and you selected them, they really do also belong in your AAP. To be safe, follow your standard practice.

Q10: Is compensation data only part of an audit but not part of AAP reporting?

A10: You are expected to analyze your compensation systems annually as part of the AAP process to make sure you’re not discriminating. This can range based on legal opinions all the way to consultants, actually conducting detailed analysis to reviewing your compensation policies and having a meeting about it. This doesn’t automatically mean you’re already conducting heavy-lifting analyses but it’s recommended that you’re proactively analyzing your compensation to make sure you don’t have something that will cause problems for you in an audit.

Q11: If you have not properly dispositioning candidates, is it necessary to go back and update the records or can you simply change the process moving forward?

A11: If you get yourself into an audit situation, an audit officer is going to ask you to go back and disposition all of your candidates. The best practice is to actually go back and do that yourself to avoid an audit so that your applicant flow logs are correct. It will only be a problem for your organization if you’re in the scenario of an audit. However, it’s best to avoid any other issues in the chance that an audit could occur. In addition to helping you be compliant, dispositioning can have a positive influence on your recruiting processes. Reporting on your disposition reasons will help you identify applicant trends.

Q12: What are your thoughts on continuous open pool jobs?

A12: It’s simply the reality of the hiring process. However, it’s problematic in Affirmative Action Planning because there’s no defined pool group to analyze or who exactly is hired from said pool. Creating a system for re- application, updating and refreshing jobs as opposed to leaving it wide open by default on a continuous basis. This process will flush out those who are no longer candidates.

Q13: Is it necessary to consider people who respond to state job boards (Indeed, etc.) as an applicant or can we only consider people who apply to our website?

A13: Anybody who has expressed interest through the internet is considered an applicant including those who respond to state job boards or any other job boards out there. It’s important as an organization to define recruiting and hiring processes as tightly as you can to feed into these processes and set requirements for current and prospective employees to manage information.

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