America’s Job Exchange
400 Minuteman Road, Andover, MA 01810
www.americasjobexchange.com
Preparing for Job Listing and Outreach in the Post-Election Compliance Landscape
15th Annual Compliance Conference • Phoenix, AZ • November 16, 2012
Rathin SinhaPresident, America’s Job Exchange
Page 2
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 Program (OFCCP).
Page 3
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Increased Prominence
• New leadership
• Budget increase
• Staff Increase
Heightened Enforcement
• Higher incidents of audits
• Aggressive litigation
• Larger penalties
The OFCCP has been active during the initial term of the Obama administration.
An Engaged OFCCP
Sources 1
Video speech at the National ILG Conference in Hawaii, 2012; http://www.dol.gov/ofccp/addresses/Director_address_NILG_Aug302012.htm
“Under the Obama administration, OFCCP compliance officers have
reviewed more than 15,000 companies that do business with the U.S.
Government. During that period, we've recovered $38 million in back wages
and more than 8,000 potential job offers for nearly 80,000 workers...”
-Patricia Shiu, Director, OFCCP1
Page 4
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Protecting the benefits of wage earners/job seekers remains its primary agenda.
Protecting Employee Rights
Sources 1
http://www.dol.gov/ofccp/addresses/Director_address_NAWBO_Mar292012.htm
2 http://www.dol.gov/ofccp/about/ofccp_career.htm
3 http://www.law360.com/articles/375429/ofccp-s-regulatory-agenda-has-contractors-seething
4http://www.employmentlawdaily.com/index.php/2012/04/23/in-this-election-year-ofccp-and-federal-contractor-community-at-war-says-expert-john-fox /
President Obama, Secretary Solis and I believe that a 21st century American workforce ought to look like, sound like and truly reflect 21st
century America.1
President Barack Obama and Secretary of Labor Hilda Solis have made OFCCP's work a priority for this Administration and, as a result, the office
is expanding.2
Obama’s OFCCP has proposed 10 major rule changes — far more than the four changes the regulator pushed during the Bush
administration.3
The OFCCP is on a war footing... The “battle stations” in this war include the agency’s pending regulatory revisions, litigation, audits, and action on
Capital Hill.4
Page 5
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Strengthening Regulations
The OFCCP has proposed new regulations and changes to current regulations.
To improve employment opportunities for veterans and protected veterans
To improve employment opportunities for individuals with disabilities
To improve employment opportunities for women and minorities in the construction
To combat pay discrimination and develop new compensation data collection tool
To evaluate revisions to the guidelines on sex discrimination
To emphasize data collection, analysis , and data-driven review to track progress
Page 6
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Slow Implementation
Publication of the final regulations and actual implementation remains incomplete.
Regulatory changes proposed in Federal Register
Public comments (NPRM) and feedback collected
Review of the public comments completed (?)
Discussions and hearing with OMB completed (?)
Timing of publication of final ruling NOT announced
Timeline of implementation NOT announced
Page 7
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Post Election Acceleration
Continuity of the administration and no changes in DOL/OFCCP leadership will accelerate implementation.
Major focus to improve employment opportunities for the veterans and individuals with disabilities
Strict enforcement of compensation parity and possible development of compensation tool
Implementation of new scheduling letter with itemized information and expanded data tracking
Detailed adverse impact analysis, new compliance manual, focus on construction
Aggressive enforcement and audits with expanded coverage for first time contractors and SMB
Page 8
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
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 and Record keeping• Analysis of candidate availability and actual hiring, compensation
• Annual review of recruitment efforts relative to goals and benchmarks
Changes related to recruitment of veterans and persons with disabilities can be grouped in three major areas.
Essence of Changes in Recruitment
Page 9
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Requires Specific Recruitment Efforts
Must engage in specific 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
Recruitment Outreach for Protected Veterans
Page 10
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Requires Enhanced Data Collection and Tracking
Initiate requests to have candidates self identify prior to job offer and post
Track number of referrals from the state employment service delivery systems
Track ratio of protected veteran referrals collected as well as total referrals
Track number of total applicants and those who identified as protected veterans
Track number of total hires, as well as hires who identified as protected veterans
Number of job openings and number of jobs actually filled by division and location
Data Collection and Tracking
Page 11
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Requires Enhanced Reporting and Data Analysis
Proof of job posting outreach to the appropriate state employment delivery system, veteran groups and CBO
Analysis and reporting of views and applies to the job opening from various sources e.g. job boards, state employment system etc
The ratio of priority referrals of veterans to total (referral ratio); protected veteran applicants to total (applicant ratio)
The ratio of protected veteran hires to total hires (hires ratio); ratio of jobs filled to job openings (job fill ratio)
Annual review of recruitment efforts and related data analysis to establish hiring benchmark and assess progress
Enhanced Analysis and Reporting
Page 12
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
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
Enhanced Data Tracking and Analysis
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
Proposed Changes for Individuals with Disabilities
Page 13
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Changes in Systems and Processes
Career Site, ATS, HRIS, AAP/EEO-1/VETS-100 Submittals
Cost of Expanded Outreach
Direct cost and adminsitrative burden of job postings
Data Collection and Tracking
Collect, manage expanded set of data; protect for privacy
Complexity/Inconsistency of Enforcement
Individual interpretation of regulations
Federal contractors are already feeling the challenge of compliance in the post AJB era. The proposed changes impose additional requirements.
Impact on Contractors
Page 14
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Job Posting Outreach by AJE
Job Opening
Page 15
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Job Outraech Reporting
Create reports for the company as a whole or for
specific locations or subsidiaries.
Reports can be saved and exported to PDF and Excel.
Detailed outreach and distribution information, including
delivery method and date and time stamp.
Page 16
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Job Records Reporting
Links to job descriptions on AJE exchange sites along with links to outreach
partner sites.
Individual job records provide the details on distribution to our network partners and the
states.
Page 17
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
More Job Records Reporting
Links to emails and CSV files as evidence of distribution to community partners
and state one-stop offices.
Jobs manually posted to the states include the state confirmation ID in your report.
Page 18
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Results by Recruitment Effort
Job traffic results are available in total or by source for
all of AJE’s traffic sources.
Page 19
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
The AJE solution is used hundreds of leading brands for recruitment compliance
Total Solution from AJE
Page 20
Visit www.americasjobexchange.com/employer or Call 1-866-923-6284
Accelerated pace of changeThe OFCCP is expected to continue and possibly expand its enforcement while implementing new regulations
Contractors must prepareFederal contractors must stay prepared at all times to effectively navigate through the changes
Focus on key itemsIt is important to work with third party service providers who bring solutions, expertise and cost advantage
We at AJE can help youSince the days of the America’s Job Bank program, AJE has been helping contractors with recruitment and compliance
The election has affirmed continuity of the administration and policies; and a new normal has been established by the OFCCP.
Final Thoughts
For more information, please contact:
Thank You
Rathin Sinha
Top Related