It is almost time for the decennial census. While this survey of the American population is no longer used specifically in Affirmative Action Plans, some area of controversy surrounding the Census may make their way into the requirements for federal contractors—or at least for employers as the workforce continues to become more diverse. While this post discusses possible changes, it’s important to note nothing is final as of this writing, as at least six lawsuits are currently challenging the 2020 census form.
What do you do when faced with applicant data challenges? Beth Ronnenburg, President of Berkshire, will present real-life scenarios related to managing unusual or challenging applicant situations to participants in an interactive presentation Inspired by the popular television series, “What Would You Do?” At the North Texas ILG meeting on Thursday, November 15, 2018, Beth will explore the different ways of managing situations such as evergreen requisitions, working with temporary staffing agencies, or using data management techniques.
Fastenal has entered into a conciliation agreement with the OFCCP to settle allegations of hiring discrimination at its Denton, Texas facility. According to the conciliation agreement, OFCCP alleges that between November 6, 2012 – November 6, 2014, Fastenal discriminated against female, Black, and Hispanic applicants in the hiring process for its 8B Part-Time Laborer Job Group. The Conciliation Agreement notes the total adjusted shortfall, accounting for race/ethnicity and gender, is 55. To resolve these claims, Fastenal has agreed to pay $250,000 and to hire at least 55 eligible class members (36 females, 17 Blacks, and seven Hispanics) within the next 24 months, unless it exhausts the list of eligible class members prior to this date.
As previously reported, the Census Bureau was considering adding a new race category of Middle Eastern or North African to the 2020 census form. Currently, individuals with ethnic origins in Europe, the Middle East, and North Africa are classified as White in the census data. Recently, the Bureau announced that after collecting public input on adding a new race, it has decided to keep the existing two-question format and will report on the Office of Management and Budget’s existing five race categories (American Indian or Alaskan Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, White), on the 2020 form. Respondents will have the ability to designate more than one race group.
Recently, Berkshire Associates announced the availability of Affirmative Action for Talent Acquisition eLearning course for federal contractors. Talent Acquisition is critical to AA/EEO compliance, and hiring activities remain a high-risk area for violating federal guidelines. Berkshire’s Affirmative Action for Talent Acquisition is the perfect solution to help educate employees with hiring responsibility on requirements, and ensure recruitment activities are approached with the law in mind. See a sneak peek demo here.
On July 26, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced a $10.5 million settlement with Bass Pro Outdoor World, LLC for an alleged hiring discrimination and retaliation lawsuit filed by the agency almost six years ago, on September 21, 2011.
I have had several clients recently ask me about “Pipeline Requisitions.” And I will tell you, as I told them, as a compliance consultant, I am not a fan of them. The pipeline requisitions go outside my comfort zone, they go outside the box—the nice, clean, compliant box that clearly specifies the applicant data that needs to be included in an affirmative action plan.
Sodexo, world leader in Quality of Life services, released its 2016 Global Diversity & Inclusion Report this week and credit BALANCEtrak applicant tracking system with fostering more efficient and compliant frontline recruitment. As the 19th largest employer globally, and serving 15 million North American consumers, the report highlights Sodexo’s mission to attain an organization reflective of the diverse communities they serve. Accomplishing this goal meant identifying the right platform and processes that could result in attracting a diverse pool of applicants.
On December 19, 2016, the Department of Labor (DOL) published a final rule updating the guidelines that dictate how employers ensure equal employment opportunity in apprenticeship programs. These updated regulations are intended to help businesses reach larger and more diverse groups of workers, and expand protected bases beyond race, color, religion, national origin, and sex to include disability, age, sexual orientation, and genetic information.