Focus of recent Compliance Reviews1. Outreach with Documentation2. Applicant Tracking3. Understanding & Confidence with

Compensation System

Outreach with DocumentationGoing into Review

Kentucky – OFCCP Louisville KY Office

Outreach with DocumentationKentucky – OFCCP Louisville KY Office

Outreach with DocumentationOFCCP requested documentation of LOCAL outreach other than National Job Postings

RESULT – 2 Year Conciliation Agreement• OFCCP provided list of Outreach places for reporting• Also had to provide documented proof of EEO Training

for Managers & Supervisors

Kentucky – OFCCP Louisville KY Office

Outreach with DocumentationMississippi – OFCCP Jackson MS Office

Outside vendor’s documentation for state posting did not match state records… NO RECORD OF STATE POSTING in 2yrs

Outreach with DocumentationMississippi – OFCCP Jackson MS Office

Outreach with DocumentationMississippi – OFCCP Jackson MS Office

RESULT – 2 Year Conciliation Agreement

Outreach with DocumentationMississippi – OFCCP Jackson MS Office

After the acceptance of FINAL Conciliation Agreement Report 2 YEARS : 2 : 28

Compliance Review Letter received

Lessons Learned – Don’t take Chances

Document all communications with state offices & outreach organizations to include, but not be limited to, emails and postingsFocus of Outreach should not just be on underutilization. Take the approach that Diversity is NO LONGER BLACK & WHITE.

The Contractor is always liable…not the outside vendor

Going into Review:

Applicant TrackingSouth Carolina – OFCCP Columbia SC Office

Applicant TrackingSouth Carolina – OFCCP Columbia SC Office

Great Excuse: The “intern” had mistakenly purged records of Applicant Tracking System for review period

Because giving an intern full administrative access to our ATS is how we conduct business!

Because no record of Disposition Codes, and no written process on Applicant Tracking (especially for recruiters & hiring managers), limited resources forced organization to hire another company to go through 27k applicants & resumes and assign dispositions.

Applicant TrackingSouth Carolina – OFCCP Columbia SC Office

RESULT – Ongoing Investigation After two years, attorney fees alone have exceeded $150k

Going into Review:

Applicant TrackingPennsylvania– OFCCP Pittsburgh PA Office

OFCCP Requests: Provide individual flow logs separating 1000+ applicants

by job groups.If multiple requisitions in a job group, provide job titles for

each position to include posted job descriptions.Provide documentation of recruitment efforts for

vacancies in each job group for each job filled through external hires – specifically those for female & minority applicants.

Applicant TrackingPennsylvania– OFCCP Pittsburgh PA Office

Audit lasted 8 long months (bi-weekly comm.)

For each of the 50 jobs where we made a hire (60 HIRES), we had to provide documentation showing that each posting made it to the ESDS & designated outreach for Women, Minorities, Individuals with Disabilities and Veteran organizations – Titles on Job Postings MUST match titles on Employee Data

Result: Letter of Compliance

Applicant TrackingPennsylvania– OFCCP Pittsburgh PA Office

Lessons Learned – Maintain all records

Document all communications with ESDS & outreach organizations to include, but not be limited to, screenshots, emails and actual job postings.

Ensure that you have a formal system for documentation

Perform Audits of internal processes to validate that you are collecting required documentation AND that personnel are following recordkeeping requirements.

Going into Review:• NO ADVERSE IMPACT or UNDERUTILIZATION• Location was previously audited six years earlier with

a Letter of Compliance. Previous audit lasted 3 years.• Client had just completed updating Compensation

Structure and defining Pay Grades – 3 year process

Confidence with CompensationIllinois – OFCCP Chicago IL Office

OFCCP Requests for 450 employees: • Provide performance ratings for the last 3 years to

include: policy, explanation of rating system and training of personnel on policy.

• Describe bonuses & eligibility? Variance between employees?

• Provide Compensation Policy

Confidence with CompensationIllinois – OFCCP Chicago IL Office

The above was requested in addition to full compensation info

OFCCP was advised by HM that the time allotted for the request was unreasonable due to resources. Due date extended from two to five weeks.

Result: After 1 year & 4 months, Letter of Compliance

Confidence with CompensationIllinois – OFCCP Chicago IL Office

• NO UNDERUTILIZATION• ADVERSE IMPACT IN NEW HIRES FOR MINORITIES• ADVERSE IMPACT IN NEW TERMINATIONS FOR WOMEN

Confidence with CompensationNew York – OFCCP New York NY Office

After a short review of compensation data, auditor requested a phone conference call with client to discuss compensation structure;

.

Request was granted after we provided a written compensation policy, pay grade structure with bonus assignments, and market research values.

Confidence with CompensationNew York – OFCCP New York NY Office

During phone call, first thing auditor noted was the current earnings per share of client on the Nasdaq and that “business was apparently good”.

Confidence with CompensationNew York – OFCCP New York NY Office

After the pause, explained compensation policy as outlined in previously provided documents. Any question that seemed confidential (not in policy), we requested it in writing so that it could go through legal department. Nothing sent in writing – No further inquires after call

After 9 months of no communication, received Letter of Compliance

Lessons Learned – Know your Comp!Maintain enough knowledge on compensation policy to be able to explain (verbally), if necessary.Become Confident on pay structure of employees. Review pay structures and conduct compensation analysis to ensure that employees are equally paid for similar work. Start by reviewing Job Titles. If there is a notable pay difference, provide documentation to support and validate pay disparity.