2011 OFCCP review

by Terri Swain

WOW! 2012 was an interesting year on the OFCCP front.  Here’s what we experienced:

  • As advertised, we noticed a decline in the number of audits but the audits we assisted with were INTENSE.
  • The Chicago office experienced a backlog resulting in rescinded audits and the movement of cases in that office to other offices.
  • We haven’t seen the new scheduling letter, but have experienced the increased requests for leave policies, records of accommodations, contacts with state job service, good faith effort documentation and lots and lots and lots of compensation data.
  • So often, we can’t figure out where the compensation analyses are going – data elements are requested and analyzed even on groups without male/female or minority/non-minority representation in them.  Analysis is being conducted at levels that aren’t always comparing apples to apples.  We have not experienced (knock on wood) any violations but we have assisted with the production of documents that would kill a forest.
  • Data integrity questions – questions about census coding, census areas, weighting, etc. There is a level of detail attached to audits that we haven’t seen in 20 years.
  • Applicant tracking remains a hot issue, but was back seated to compensation equity.

What we learned:

  • Having your AAP completed on time and reviewed thoroughly is a mandatory first step.  Identifying any adverse impact identified in this process is imperative -usually, it’s a result of data integrity vs. actual adverse impact.  Correct it when you’re not being audited.
  • Good Faith Efforts must be meaningful and documented.  You MUST be posting your jobs with the State Job Service everywhere you operate.  This should include minority, female, veteran and disability outreach.
  • Centralized recruiting functions are fine but they MUST be pushed down to the local level.
  • Compensation systems have to be defensible: job descriptions, salary grades/levels, titling are all key components. Organizations that have been in merger/acquisition mode MUST level everyone into their organization.  Past practices at a predecessor company are not a defense after they become your employee.

Stay tuned to see what 2012 brings…