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OFFCP ALERT Change In Federal Contracts Reporting Puts Equal Employment Duty On Recruiters follow this discussion
Change In Federal Contracts Reporting Puts Equal Employment Duty On Recruiters
ExecuNet has learned in a recent teleconference with the Office of Federal Contract Compliance Programs (OFCCP) that corporate recruiters who are hiring to help their organizations fulfill federal contract and subcontract work must be more diligent in tracking online job candidates to comply with equal employment opportunity laws.
OFCCP deputy director David Frank says that new government regulations require corporate recruiters using external candidate databases to archive the following:
The source of job candidate data The date of any recruiter searches into such databases The position specifications a recruiter may have been trying to match against the talent pool on a given date The search terms/words/criteria that generated qualified candidate reports The actual resumes or profiles of the individuals whose records were generated in response to each database query on any given day, including any and all modifications to the search criteria that may have generated (even slightly) different candidate results. Frank says that if a corporate recruiter narrows or refines a candidate database query that eventually results in a new hire, the employer must have the electronic records (or at least hard copy printouts of computer screens) to demonstrate how the pool of candidates generated by the database changed according to the recruiter's search criteria.
The compliance burden rests with the employer, Frank says, to document the resumes or profiles of "applicants" who become, based on the internal recruiter's feeling that there is a match to the job spec, actual "candidates" for a given job. This record keeping will enable the Department of Labor to determine whether any employer's recruiting and hiring practices have any "disparate impact" on any group based on race, gender and/or ethnicity.
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