proposed changes in ofccp regulations and what they mean for employers and job boards

America’s Job Exchange 400 Minuteman Road, Andover, MA 01810 www.americasjobexchange.com

Proposed Changes in OFCCP Regulations and

What They Mean for Employers and Job Boards

IAEWS Fall Congress • Hollywood, FL • September 05, 2012

Rathin Sinha President, America’s Job Exchange

Visit www.americasjobexchange.com/employer or Call 1-866-923-6284

Disclaimer

Not a legal advice. The presentation is intended only to stimulate discussions among job board operators and users relating to the

recent developments and proposed regulatory changes at the Office of Federal Contract Compliance Programs (OFCCP).


About OFCCP

The OFCCP enforces regulations relating Equal Employment & Affirmative Action

Represents the benefits of job seekers and employees

● EO11246 – Equal Employment

● Section 503 - Americans with Disabilities

● VEVRAA/Section 4212 - Protected Veterans

Audits federal contractors and imposes corrective actions if deficient

● Scheduling Letter, Information Request

● Desk Audits, On-Site Audits,

● Conciliation Agreement, Penalties, Debarment


The OFCCP has gone through significant changes under the current administration

Increased Importance

● New leadership – former civil rights attorney

● Budget increase of 35%

● New hires of 200 Compliance Officers (CO)

Increased Enforcement

● Higher incidents of audits

● Aggressive litigation, Larger penalties

Strengthening Regulations

● Proposed new regulations

● Submitted revisions to current regulations

Recent Changes


Most of the proposed changes related to recruitment can be grouped in the three areas:

Mandatory Job Posting and Outreach

● Mandates specific methods of internet job postings and distribution

● Mandates additional outreach with community based organizations

Data Collection and Tracking

● Pre-employment data collection for protected groups

● Effectiveness of recruitment efforts by source of candidates

Analytics

● Analysis of candidate availability and actual hiring, compensation

● Annual review of recruitment efforts relative to goals and benchmarks

Essence of Regulatory Changes


Proposed Changes: Protected Veterans

Requires Specific Recruitment Efforts ● Must engage in certain number of outreach and recruitment programs

● Send job listings to the local employment service offices e.g. 1-stop centers

● Develop and maintain ongoing relationship with local Veterans Representatives

● Enter linkage agreement with listed organizations for recruitment and training

● Consult with Employer Resources Section of the National Resource Directory

Data Tracking ● Initiate requests to have candidates self identify prior to job offer and collect data

● Track number of referrals from the state employment service delivery systems

● Track ratio of protected veteran referrals to total referrals & maintain data for 5 years

● Establish annual hiring benchmark and conduct annual review of recruitment efforts


Proposed Changes: Individuals with Disabilities

Requires Specific Recruitment Efforts ● Must engage in a minimum number of outreach and recruitment programs

● Send job listings to the local employment One-Stop Career Center

● Maintain ongoing relationship with local State Vocational Rehabilitation Agency

● Enter linkage agreement with listed organizations for recruitment and training

● Consult with Employer Resources Section of the National Resource Directory

Data Tracking ● Initiate requests to have candidates self identify prior to job offer and collect data

● Track number of referrals from the state employment service delivery systems

● Track ratio of disability referrals to total referrals & maintain data for 5 years

● Establish 7% as a hiring goal for this group and conduct annual review of progress


Delivering Recruitment Results Attracting Veterans and the Disabled

Broadeing Job Distribution Manadatory job listing with State Services

Tools for Data Tracking and Reporting Tracking of attempted/completed applies

Support and Consultation Support for audits with proof of effort

Cost of Implementation Direct cost and adminsitrative burden

Effectiveness of Recruitment Methods Source of candidates by specific efforts

Burden of Data Collection and Tracking Manage and protect data for privacy

Complexity/Inconsistency of Rules Individual interpretation of regulations

Job Boards Federal Contractors

Impact of Proposed Changes


AJE is a leading provider of recruitment advertising and compliance solutions

Successor to America’s Job Bank

● Launched on the heels of termination of the AJB program of DOL

Destination for Job Seekers/Employers to Connect

● Specializes in the recruitment of diversity candidates and mid-level jobs

Leader in OFCCP Compliance for Recruitment

● Specializes in veterans and disability recruitment outreach and mandatory job listing

America’s Job Exchange


AJE offers a comprehensive solution to assist employers meet OFCCP Compliance.

Solution for OFCCP Compliance


State Job Banks Job feed

• Direct job feed to some individual states • Job feed to states via partner feeds

Manual posting • Manually posting jobs on behalf of customer

State Career One Stops Daily email of new jobs to Career One stop

offices near job location: • Veteran representatives • Career Counselors

Job Boards AJE Job Network AJE National Exchange AJE Diversity Exchanges

• Veterans , Disability, Diversity

AJE State Exchanges • Job Boards for 50 states

AJE Jobs Mobile

AJE Partner Network Niche Job Boards

• Veterans , Disability, Diversity

Aggregators • Jobs, Salary, Company Info

Community Based Organizations (CBO) • Local Chapters of Goodwill, Easter Seals

Government Sponsored Sites • VetSuccess, Veterans Job Bank

Employers

AJE Job Posting Outreach Network


AJE Job Distribution Tracking

Reports can be saved and exported to PDF and Excel.

Detailed outreach and distribution information, including delivery method and date and time stamp.

Create reports for the company as a whole or for specific locations or subsidiaries.


How to Prepare for Change

Employers

Check if you are a Federal Contractor and Implement a Compliance Program

● Cost of compliance is high but much less than the cost of non-compliance.

Third Party service providers such as AJE are very efficient solutions

● Reduces total cost of program implementation and the administrative burden

Job Boards

Be aware of the upcoming changes and cross-check with your business plan

● The race to sign on veterans and individuals with disability is heating up

Data collection, tracking and analysis are going to be more important than ever

● Tying demographics with applies or referrals are going to be key

For more information, please contact:

Thank You

Rathin Sinha [email protected]

mailto:[email protected]

proposed changes in ofccp regulations and what they mean for employers and job boards

Business

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benefits of job seekers

job board operators

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