If your company is a federal contractor or subcontractor that employs more than 50 employees and has a government contract with an aggregate value that, in any 12-month period, exceeds $50,000, you know that the OFCCP requires affirmative action plans and the maintenance of detailed application and employment related records concerning applicants’ and employees’ race, gender, disability status and veteran status for affirmative action compliance.
But, what how detailed do the records need to be? Do I need to post all of the jobs? Do I need to keep record of non-applicants? Yes, and yes. However, there are some exceptions, and recordkeeping goes well beyond that.
Yes; it is required that you post all of your openings except temporary jobs that last three or less days or any executive positions or positions that are filled internally for affirmative action compliance. However, there aren’t exceptions when it comes to applicants. An onsite audit requires a review of applicants, including those who did not make it into the applicant pool.
You might be relieved though to know that you do not need to open every application. With an internet application, if he or she isn’t qualified based on his or her answers to your screening questions, they’re not an internet applicant. Also, the OFCCP allows companies to be objective with data management, permitting it pull a certain number of applications to review rather than the entire collection.
Furthermore, not every applicant needs to go into your affirmative action plan. Only those who expressed interest through the internet, including those who respond to state job boards or any other job boards out there, or a related technology, who met the minimum requirements and were qualified, who were considered for the opening and who did not withdraw from consideration prior to being offered the opening need to be included.
What about those applicants who apply but not for a specific position?
Even though an application doesn’t have a predetermined pool in those situations, it is recommended that businesses have a policy is place for how recruiters should handle them because casual browsing is just what recruiters do. It is best that all applicant resumes are reviewed and added to a talent pool with a documented source of origin. However, this doesn’t mean this will resolve all issues.
Having continuous open pool jobs is problematic for AAP because the lack of a defined pool group or who is hired from it makes analyzing it difficult. If your company chooses to make open pool jobs a part of its model, it is recommended to add a system of reapplying, updating and refreshing jobs in order to flush out those who are no longer candidates.
Keeping track of your applicants is only one half of the requirements set by the OFCCP–there also is keeping detailed records of those applicants–so, if you feel as though you or your human resource manager might be a little overwhelmed, it might be best to outsource your AAP efforts, providing benefits to your company that go beyond affirmative action compliance.