In This Issue

1. Feature Article - Talent Acquisition and OFCCP Compliance
2. Meet the Team - John Patrick, Senior Investigator
3. Tips & Tidbits - Goal Setting for the New Year
4. Question of the Month - Can I Run a Background Check Without an Employees Permission?

Consistency, consistency, consistency!  Isn't that always the best caveat to staying compliant?  It is if your policies and practices are compliant to begin with.  When it comes to recruiting and hiring, there are some important considerations, especially for companies who fall under the government employment discrimination approach of the Office of the Federal Contract Compliance Programs (OFCCP).

The OFCCP and EEOC define systemic discrimination as an employment practice that has an unjustified adverse impact on members of a protected class (i.e. race, gender, or ethnicity.)

Recruiters are constantly looking for new and creative ways to expand their applicant pool and enhance their competitiveness in attracting top talent.  Technological advances, including the use of the internet have given recruiters access to literally millions of job seekers.  Without carefully thought out procedures, recruiters and hiring personnel can unintentionally screen out applicants from protected groups, putting up a discrimination red flag.

And this isn't something to be taken lightly.  In 2007 OFCCP enforcement resulted in a record $51,680,950 in back pay, salary and benefits of American workers subjected to unlawful employment discrimination (published results on EEOC website). Of that, 98% was collected in systemic discrimination cases.



Pilgrim's Pride Corp. was forced to pay a $1 million dollar settlement to applicants that were found to be victims of systemic discrimination based on gender and ethnicity.  Another company, Quietflex was hit with a $2.8 million dollar lawsuit.

So how should you protect yourself?  First, analyze your processes.  Are you screening out older workers by the key words you use when searching job boards?  Are you avoiding pulling from a specific zip code whose population may be largely ethnic?

Some experts contend that a good first step is in statistical analysis of current hiring practices.  Matt Halpern, an affirmative action lawyer at the law firm Jackson Lewis says that "you can approach this in a methodical, measurable fashion.  It's similar to any kind of auditing process."  He advises an 80% rate of hire from a protected applicant group to an unprotected group.

Another consideration is centralizing recruiting sources and standardizing processes.  Applicant tracking systems force a specific flow from initial recruitment stages, through screening and on-boarding.  Defining these recruitment stages company-wide forces consistency, clearer documentation and usable statistics.  An audit-able, track-able system enables a company to improve compliance, submits them to a higher level of accountability and gives the company tangible results to improve efficiencies and further competitiveness.

Since the OFCCP and EEOC will only step up their efforts at combating systemic employment discrimination, companies are wise to re-evaluate their hiring processes and protect themselves from becoming the next million-dollar lawsuit headline.

For more information on applicant tracking systems or to request your personalized demo, contact CIC.

Pamela Rodriguez is a Pre-Employment Coordinator for CIC. For comments or questions about this article you can contact her at 419-874-2201 ext. 16; prodriguez@corpintel.com

Goal Setting for 2009 


So you've come to the end of yet another year.  When you look back at last year's goals to see how far you've come, does your vision become blurred, you start feeling tired and sluggish and with an exhausted sigh you think to yourself 'what's the point?' 

It's an easy situation to relate to.  We've all been there.  It's been said that the definition of insanity is doing the same thing over and over and yet expecting different results.  How about trying something new for different results this year?

We all know that setting goals and achieving them are two entirely different things.  Goal setting isn't as easy as it sounds.  Done right, though, it can have a amazing and positive impact on your ability to achieve success.

First, don't just "think" a goal; "write" a goal.  Put it down on paper. 

Next, make sure the goal is specific.  Something too broad can blur the ultimate objective.

Develop an action plan.  What specifically will you do to achieve the goal?  Break it down into smaller steps.  When you have to get to step 200 within six months, it's much more manageable to tackle two steps a day.
Identify a system of measurement for attaining the goal.  In other words, pick a date, a benchmark or some other measure that tells you how you're doing.  And don't forget to have a mini celebration each time you meet a deadline or hit a benchmark.  This will keep your goals meaningful and motivate you to continue working.

And don't forget your support network.  Let colleagues, supervisors, friends see those written goals.  They will help you be accountable and encourage you when needed.

For more information on goal-setting for businesses visit www.sba.gov.