Navigating an OFCCP Compliance Audit

Navigating an OFCCP Compliance Audit What is passing an Audit? What should you be doing? What is the OFCCP accepting?

Joyce M. Morgan President/Owner

Morgan Consulting Services, LLC

Candee J. Chambers, SPHR, CAAP

Vice President, Compliance & Partnerships

DirectEmployers Association

Jen Bernhardt Regional Vice President,

Membership Development DirectEmployers

Association

Presentation Participants

•  Vets = Veterans •  IWDs = Individuals with Disabilities

•  Kors = Federal Contractors

•  LVER = Local Veteran Employment Representative •  DVOP = Disabled Veteran Outreach Program

•  GFEs = Good Faith Efforts •  VEVRAA = Vietnam Era Veteran Readjustment Assistance Act

•  Section 503 = Disability Regulations

Presentation Key

•  Consistently Requested Items •  Intermittently Requested Items •  Regulatory Updates •  DirectEmployers Solution •  Question & Answer

Agenda

•  Job Posting vs. Job Listing o  All offices are requesting evidence of listing

o  OFCCP is calling local offices to confirm

o  If LVER does not confirm and the Kor does not have a vendor, then there must be other documentation

o  Posted jobs typically don’t reach the LVER

o  Virtual Jobs/Remote Positions

o  Listing of Union Positions

Consistently Requested Items – EEO Clause

•  EEO tagline abbreviations o  Paragraph form requires

inclusion of “sexual orientation and gender identity”

o  OFCCP suggested abbreviated form

EOE M/F/Vet/Disabled •  Notice of Employee Rights

o  Link to the “EEO is the Law” poster

•  Online Accessibility o  Statement of alternate method

to apply

Consistently Requested Items – EEO Clause and Company Website

Be prepared for the OFCCP to test the online accessibility of your message to applicants to see if what you are saying actually works.

Joyce’s Tip – EEO Clause

•  Inclusion of Clauses o  OFCCP has posted an acceptable

statement that addresses all but one required reference

o  “Incorporation by Reference” addressed in FAQ #2 for VEVRAA and Section 503 under the Equal Opportunity Clause section

Consistently Requested Items – EEO Clause

•  Protected Veterans and IWDs o  Always been a requirement; GFEs were accepted in the past

but not anymore o  Be prepared to submit proof of a relationship such as:

•  Current list of partners – name, telephone number, email address •  USE them for recruitment •  ASSESS their ability to help you be successful in inclusion •  WORK with them for effectiveness

–  Invite them to tour the facility –  Ensure they have the correct job descriptions, etc.

•  Evaluate effectiveness and results every quarter and DROP them if they are not effective

•  REPLACE them if possible

Consistently Requested Items – Outreach Efforts

The OFCCP may to go to the partners on your list and ask if they know you and have worked with you and your company. If there is no name recogni@on, this could mean there is no rela@onship and this is a viola@on.

Joyce’s Tip – What is effective outreach?

Consistently Requested Items – Outreach Efforts

•  GFEs for minorities and women o  OFCCP has always asked for

evidence of GFEs and the resources used

o  Could ask for the number of opportunities for placement, not just hires •  Calculation: measure the number

of opportunities by the goal percentage

•  Not an AAP ingredient any more o  WILL ask how the policy is disseminated

and implemented •  Separate policy not required

o  Part of policy statement

•  How is the policy communicated? o  Posted at facility, intranet, employee

handbook? •  Number of requests for

reasonable accommodations and reasons why denied

Consistently Requested Items – Religion and National Origin

•  Number of requests for reasonable accommodation for IWDs

•  List of requests o  Type requested o  Explain if denied

•  Copy of short-term disability policy and list of those who used it during the review period

•  List of employees who used FMLA •  Medical exams for:

o  Pre-employment o  Post-offer

Consistently Requested Items – Section 503 Reasonable Accommodation

Be prepared to provide a list of requests for reasonable accommoda@on for IWDs, the result of the requests, and reasons why if rejected.

Joyce’s Tip – Section 503 Reasonable Accommodation

•  Copies of the policies for sex discrimination and anti-harassment will be required in the new regulations

•  How are these requirements implemented? o  Sex Discrimination – tagline in advertisements; EEO policy;

pay, etc.; leave policies; benefits; seniority o  Anti-Harassment policy now required

•  AAPs being audited may not have been subject to the new regs o  Maternity Leave – provide copy of separate policy (if applicable)

and list of those using maternity leave during the review period

Consistently Requested Items – Anti-Harassment and NPRM Sex Discrimination Regulations

•  Affirmative Action Plans o  Challenge to AAP locations o  Combining locations’ EEO-1s o  Required ingredients from

prior AAP •  Authority to request? •  Must Kor provide?

Intermittently Requested Items – AAPs

Be sure of what the OFCCP is reques@ng and not interpre@ng their request. Ask ques@ons if you’re not familiar with the terminology used un@l you fully understand the request.

Joyce’s Tip – AAP Implementation

•  Hours and Location for review •  Is the availability of the AAP posted

and where? o  What about a location on a military base with no

brick and mortar location? •  Company intranet? Email? •  Separate discussion with base personnel to post

on a bulletin board?

•  Schedule for review of jobs •  Date certain •  Discussion of results •  Copies of job descriptions with physical and

mental requirements

Intermittently Requested Items – AAP Implementation

Always remember to ask for further clarifica@on or for a request in wri@ng if you’re not sure or believe that the OFCCP may not have the authority to request that informa@on.

Joyce’s Tip – AAP Implementation

•  Explanation of compensation disparities o  Individual cohorts and job titles (cohort analysis –

comparing individuals to each other) o  Analyze certain job groups for systemic hiring, not

entire workforce o  Certain: depending on the results of the compensation

analysis

•  ID of problem areas o  Does this require an identification of adverse impact? o  Specific to problem areas? o  May have to provide promotion and termination logs

to prove Kor data

Intermittently Requested Items – AAP Implementation

•  Sex Discrimination Regulations •  Construction Regulations •  VETS-4212 •  503/VEVRAA Implementation •  Equal Pay Report •  Steering •  Itemized Listing •  OFCCP FAQs •  EEO is the Law Poster •  Fair Pay & Safe Workplaces

Regulatory Updates and Enforcement Strategies


•  Sex Discrimination Regulations o  Must have “job neutral” (gender) job

titles o  Inclusion of the LGBT community o  Disparate treatment – intentional

discrimination? o  Disparate impact – requirements

creating discrimination? o  Pro-active training for employees on

harassment, etc.

•  Construction Regulations – still waiting! •  VETS-4212 (fmr. VETS-100A report)

effective 2015 o  Specific category of protected veteran not required o  Language changed from “covered” to “protected”

•  503/VEVRAA Subpart C AAP Implementation o  Everyone’s required to comply as of March 1, 2015 o  Monitor efforts quarterly or semi-annually o  Self-ID process and results

•  Utilization goals and hiring targets •  Equal Pay Report


•  Steering •  Itemized listing •  OFCCP FAQs

o  The policy-making trend! o  No more policy directives or

issuances

•  “EEO is the Law” Poster

•  Fair Pay & Safe Workplaces


V. Proposed Assistance

OFCCP Compliance

Recruitment & Employer Branding

Data

Networking & Education

Cutting Edge Technology, Owned by YOU!

Member Career Sites (indexed/scraped every 24 hours)

q  3,600+ Wagner-Peyser funded State Workforce Agencies and One Stop Career Centers

q  Local Veteran Reps (LVERs)

q  Disabled Veteran Reps (DVOPs)

Locations

Occupations

Specialty Terms

40K SITES

My.jobs Network

Combos State Feeds

Partner Feeds

Homegrown ATS

API/XML Feed

q  Automated job delivery to over 3,600 Wagner-Peyser funded ESDSs

q  Endorsement from NASWA and signed agreements with all 50 states vetting DirectEmployers’ process

q  Exclusive partnership between NASWA and DirectEmployers which created the National Labor Exchange (NLx)–the largest supplier of vetted jobs to the states daily

q  24/7 access to VetCentral reporting showing proof of listing, time and date stamp documenting receipt, and vetted contact info for the ESDS

q  Partner Relationship Manager (PRM) allowing federal contractors to track and manage outreach

PRM Reporting

OFCCP Compliance

Networking & Education

Recruitment & Employment Branding

Data

q  1,000 niche sites included in job distribution network

q  Member owned My.jobs Recruitment Marketing Site q  Veterans.jobs skills translator

q  Job distribution analytics tracking candidate portal activity and origination

q  Source code application q  Web analytics to track SEO performance

q  DirectEmployers Annual Meeting q  Member Pipeline with archived webinars and

surveys q  Insight from John C. Fox and other compliance

experts

DirectEmployers Member-Partner Outreach FREE Member EXCLUSIVE Benefit

Whether you are a federal contractor with hiring targets mandated by the OFCCP or simply a company looking to diversify their workforce, employers of all sizes rely on partner outreach to help them achieve their hiring goals. With that said, outreach pertaining to the hiring of veterans and individuals with disabili@es will be a major ini@a@ve for many companies in 2015. Let DirectEmployers help you with your outreach to veterans and individuals with disabili@es through this unique online event where you will be connected directly with a variety of our local and na@onwide partners. Contact your Membership Representa@ve TODAY to learn more or visit the Pipeline to register. hOp://Voice.DirectEmployers.org/

Questions?

Contact

DirectEmployers Association

(866) 268-6206

[email protected]

@DirectEmployers

(740) 397-4602

[email protected]

JMorganConsultingServices.com

Morgan Consulting Services

DirectEmployers.org

Recruiting & HR

Navigating an OFCCP Compliance Audit