EEO/OFCCP Compliance: The Elephant in the Human Resource Department

Why are employers, HR Departments and recruiting software engineers so concerned with EEO/OFCCP compliance data? And why is everyone making such a big deal about it?

They’ve done their research. They know that in 2009 the EEOC reported that 93,277 workplace discrimination charges were filed with the agency. That’s an average of nearly 256 claims filed every day, and the 2010 data didn’t show any improvement. In fact, for fiscal year 2010, the agency reported that a record high 99,922 charges were filed. (The entire 2010 report can be found here: http://www.eeoc.gov/eeoc/newsroom/release/1-11-11.cfm )

These statistics don’t lie, and the trend of the increasing number of claims is apparent. Since the appointment of Jacqueline Berrien as the chair of the EEOC, employers have seen an U.S. Equal Employment Opportunity that is much more focused on enforcement and litigation, as shown by the smallest increase of pending charges (less than 1%, down from 15.9%) at the end of fiscal year 2010. Some experts are concerned that her administration may push the commission further in the anti-employer direction. None of this bodes well for companies that are still ignoring EEO/OFCCP compliance issues.

But there are useful tools available for employers that will do most of the work for you. There is applicant tracking software that helps ensure EEOC/OFCCP compliance during the hiring and recruiting process. Choosing the right software can help guarantee that you are complaint with government regulations of data collection methods, basic qualification standards and record keeping requirements.

There are certain criteria that you should require of your applicant tracking software for compliance. The software should: request EEO information for every job on your careers page, automatically capture “reasons for non-selection” for every applicant, ask minimum qualifications for every job, create applicant flow logs automatically for any position, create hire/offer logs instantly, and review your EEO statistics at anytime. For more on software selection: https://www.govloop.com/profiles/blogs/how-to-choose-recruiting

It would seem reasonable to expect that recruiting software that will capture, track and report EEO/OFCCP data automatically would be expensive and hard to implement. However, thanks to new models, there is technology currently available that can be set up in days and will cost just a few hundred dollars per month. But when compared to the cost of a discrimination lawsuit, this should become a very easy decision.

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Lezli Rowell

Metrics are certainly import to keep your finger on the pulse of your agency’s wrist and comply with reporting requirements, but there can never be enough training! I read every OFO appeal decision published annually in preparation of the next Hadley Guide, and if there is one simple take-away, it is that a broad and effective EEO training campaign can both reduce the complaints and better prepare the agency to respond when there are.

I am looking foward to sharing more training ideas and course suggestions with you at the EXCEL and FDR Conferences this summer!

Tim Enright

Nice post. The thing about OFCCP – is that it is not germane to Federal Staffing (IMO). It is however important to the Government Contractors that support the feds. Further, with regards to EEO – agencies capture data to support their annual MD-715 filing requirement. The good news is – many agencies using Talent Acquisition Systems are able to run these reports to get the information in near real-time. Joel if you are looking to enter the Federal TAS space – come with deep pockets and a flexible solution that supports configuration rather than customization.