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Sometimes the Experts Are Correct

Time to AdaptIt seems to be official. A number of the OFCCP / D.O.L. proposals and “new” rules and orders that many of us in the Human Capital / Diversity / Compliance arenas have been talking to our HR counterparts about are not only for real this year but actually going to be focused on and enforced.

According to the OFCCP, they will be focusing on a few things with more diligence than in the past. Keep in mind these new definitions:

Steering

As defined by the OFCCP is “a theory of discrimination alleging that an employer assigns newly hired employees into different (typically) entry-level positions with different pay rates based on race and/or gender.” A classic example is when new male employees disproportionately are hired for the heavier lifting production entry-level jobs in the warehouse while female entry-levels are hired into the warehouse “clean up” positions (which pay less).

Subcontractors

As defined by the OFCCP refer to the “Federal subcontract as an agreement or arrangement with a Federal contractor either (1) for the furnishing of supplies or services or for the use of real or personal property, which is necessary to the performance of any one or more Federal contracts; or (2) under which any portion of the Federal contractor's obligation under any contracts is performed, undertaken, or assumed. Thus, some but not all contracts with a Federal contractor will trigger coverage under the laws administered by OFCCP.”

Affirmative Action Program (AAP)

Federal contractors are required to establish an AAP and compare their employment of minorities and women within those job groups to the availability of minorities and women who are "available" for employment. Job groups are jobs that are grouped based on three factors: 1) similar wages; 2) similar job duties and responsibilities; and 3) similar opportunities for training, promotion, transfer, and other employment benefits. Each job title in an establishment should be placed into a job group. These are called "AAP Job Groups."

It is actually of no consequence (regarding the above mentioned AAP) if you are identifying a problem or simply insuring that your corporate hiring and recruiting is reachable by the vast majority of your specifically sought after qualified candidates throughout the of any and all of the identifiable minority talent pools of candidates. 

Good Faith Efforts (GFEs)

Keep in mind what the actual requirements are under CFR 60-2.17 (**1) which states “effective AOP’s (action oriented programs) consist of more than following the same procedures which have previously produced inadequate results” and also showing that “GFE’s were made to remove identified barriers, expand employment opportunities and produce measurable results. Also show active targeted minority community interaction.

All of the above mentioned specific items may or may not be the tip of the proverbial iceberg in regards to audit specific items for 2015, however these individual items have been talked about and eluded to as definite areas that any OFCCP review will be inclusive of.

Taking this into consideration, there are some things that you can do to both avoid any issues and make sure that you are not only prepared for such scrutiny but actively engaged in practices that will effectively eliminate any questions surrounding your company recruitment and retention policies.

I am aware of how basic these things are, my suggestion is to consolidate your efforts and expenditures while still remaining diligent in your actions beyond only identifying several "recruitment sources" for women and minorities.

Look for resources through which you have at your fingertips an opportunity to accomplish some (as in more than one) of your required AAP needs with one effort and only one expense. The best resources maintain aggressive policies to maintain reach and recognition as community-based Targeted Minority Talent Pool recruitment resources. By providing minority community resources and recommendations to the targeted demographic audience, these resources attract both recruiting companies and job-seekers within minority communities.

The bottom-line for all of us in the human capital industry is to be able to provide a conduit for our clients regardless of whether they an employing company, agency, or job board aggregate. Taking advantage of the currently available options that you have at your disposal goes a long way to showing any OFCCP, EEOC and D.O.L. agent that you are doing the right thing both for your company and the USA.

About the Author

Mark Cohen has been working since 1995 to promote Diversity and Inclusion in the workplace through targeted minority recruitment and community outreach efforts. In his position as EVP and Director of New Business Development at Equality Magazines.com Mark has become a go to person in regards to Minority Recruitment and OFCCP Compliance Good Faith Efforts.

If you have any questions or would like to speak to Mr. Cohen about this or other Diversity, Targeted Recruitment, OFCCP Compliance or any related topics he can be reached anytime through email at This email address is being protected from spambots. You need JavaScript enabled to view it.

Equality Magazines.com and its family of Diversity Recruitment Vehicles have been at the forefront of targeted minority recruitment and compliance since 1997. Equality Magazines.com has been advocates of promoting Diversity & Inclusion as well as D.O.L. and OFCCP compliance efforts throughout America's workforce; bringing the vast and talented pools of African-American, Hispanic, Veteran, and Female workers to the companies that need them. This has been accomplished through its own targeted minority community recruitment and community resources, The Black Perspective, Veterans Enterprise, Hispanic-Today and Women in Business & Industry.

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