In the previous article, we spoke about how keeping track of applicants affects Affirmative Action compliance, which comes with some pitfalls, can be a challenge for federal contractors and subcontractors.
Adding to the trickiness is the recordkeeping and the collecting of required information regarding race, gender, disability status and veteran status. The self-ID questionnaire, which we recommend that you supply at the beginning of the recruitment process, is completely voluntary, and the applicant can choose to not disclose that information even though it is required that you give the survey to everyone that has applied and meets your minimum requirements and qualifications.
These practices are the same for internships. If you created a pool of candidates that include those who didn’t get the position that they applied for and they feel discriminated against, they could file and they could complain. And, if you did hire candidates and they work for your company, they belong in your Affirmative Action Plan. Always follow your company’s standard practices and policies to be safe.
Or, if it seems like too much of a hassle, you could try to avoid adding seasonal employees or temporary positions.
Demographics aren’t the only information that needs to be a part of your AAP reporting; the OFCCP expects you to analyze your compensation data as well to ensure that you are not discriminating. This makes recordkeeping even more important. There is no set requirement for this, but it typically ranges from legal opinions to consultants that review your compensation policies and conduct a detailed analysis to make sure that there aren’t issues in case of an audit.
So, what does a company do if it hasn’t been properly dispositioning candidates? Does it need to go back and update the records, or can it simply change its process moving forward?
If your company is audited, the audit officer will ask you to correctly disposition all of the candidates that weren’t, so it is best to be proactive and correct yourself beforehand so that your applicant logs are correct; otherwise, your company could face serious problems. Furthermore, dispositioning can have benefits beyond being compliant that include identifying applicant trends in the recruiting process.
If the process of completing an AAP seems overwhelming or your company isn’t equipped to handle it, it might be best to outsource the planning to make sure your company is compliant in case of an audit. The benefits from it just might change or even safe your company.