This document was prepared by William E. Doyle, Jr.
, former deputy director of the OFCCP
A Company of The RightThing
The OFCCP Reporting Module
This module is part of AIRS
SourcePoint™, the only all-in-one
talent-sourcing solution.
We’ve automated the process to
remove the record-keeping burden
of OFCCP compliance.
1 Implement an applicant tracking system
with OFCCP compliance functionality
that captures data and tracks applicants
“behind-the-scenes,” with minimal effort
required of recruiters.
2 Create a formal Internet Applicant com-
pliance protocol and train recruiters and
hiring managers how to implement
the protocol. Train new recruiters and
provide periodic refresher training
to recruiters.
3  reate a library of basic qualifications
C should be avoided.) The disposition
(“BQs”), data management techniques
(“DMTs”) and interest screens
(“IS”). These can vary by position and
can be changed for a given opening
of a position as business needs require.
However, any changes should be
documented. The library should be
reviewed with legal counsel to ensure
compliance and it should be reviewed
against other documents, such as posi-
tion descriptions and requisitions, to
ensure consistency, e.g., in BQs.
4  everage your website to manage incom-
L including analysis of: (1) Internet Appli-
ing resumes and other expressions of
interest by forcing individuals to com-
plete a web-site profile to be considered
for a particular position. Require re-
cruiters and hiring managers to consider
only individuals who complete a web-
site profile.
www.airsdirectory.com
and a labor and employment lawyer in the Washington, DC office of Morgan, Lewis & Bockius LLP.
Mr. Doyle can be reached at 202.739.5208 or wdoyle@morganlewis.com.
The following is designed to provide helpful tips on practices that may assist an employer with OFCCP’s Inter-
net Applicant regulations. However, determining the appropriate compliance process requires a fact-specific
assessment of the particular employer’s recruiting practices and strategies, available resources, competitive
challenges, and a host of other legitimate business considerations. Accordingly, the designation “best practices”
is not meant to imply that a given practice is appropriate for any particular employer. Thus, these Best Practices
are provided as a general informational service only and should not be construed as, and does not constitute,
legal advice on any specific matter, nor does this message create an attorney-client relationship.
10 Best Practices For
OFCCP Internet
Applicant Compliance
5  reate an efficient, easy-to-use system
C 8 Develop standard report formats that
for documenting contacts with potential address the typical types of data OFCCP
candidates, including, especially, docu- requests during a compliance review.
menting a candidate’s communication Develop a process for generating reports
to you that he or she is no longer inter- efficiently from your applicant
ested in the position. tracking systems.
6  reate a standard list of disposition
C 9  orking with your corporate counsel’s
W
codes that are detailed enough to office, conduct a privileged internal
capture most of the common reasons audit of your actual applicant tracking
that a candidate is not selected or practices to ensure that you are
advanced in the selection process. capturing the information and data
(Generic, catch-all disposition codes necessary to comply with the Internet
Applicant requirements.
codes should be defined and explained
in guidelines distributed to recruiters 10 I nclude guidelines and procedures for
and hiring managers, who should be retention/disposition of applicant
trained on the appropriate use of the records in the company’s formal docu-
disposition codes. In addition, de- ment retention/disposition policy.
velop an efficient, easy-to-use system
for inputting, maintaining and
retrieving disposition codes.
7 Working with your corporate counsel’s
office, periodically conduct privileged
adverse impact analyses on any race,
ethnicity, and gender data captured,
cants versus offers/hires; (2) BQ
Applicants versus offers/hires; and (3)
non-Internet Applicants (i.e., broadest
pool from which you collect race,
ethnicity and gender information)
versus hires. Conduct further investiga-
tion in any areas where statistically
significant adverse impact is found.
An AIRS Technology Solutions Expert is ready to answer 1.800.466.4010
any of your questions about the OFCCP Reporting Module.