The Compliance Test

THE COMPLIANCE TEST

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

Does your organization employ 15 or more people?

Does your organization employ 50 or more people?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

Does your organization have a contract or contracts valued at $ 50,000.00 or more with the government?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

Does your organization sell, rent or lease goods and/or services valued at $ 50,000.00 or more to organizations holding federal contract(s) and who use the goods and services provided in the performance of the contract(s)?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

Examples:

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

A transportation company with bills of lading (transportation) contracts with government entities or organizations using the transportation services in the fulfillment of a government contract

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

An organization providing medical services based on a contract with the Department of Health and Human Services (Medicare/Medicaid), Veterans Administration or other Federal agency

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

An organization providing beverages, food or supplies to military bases, hospitals, colleges, universities, schools, or federal, state, county or municipal entities

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

An equipment provider supplying equipment or services to the government or a contractor which uses the equipment or services to fulfill a government funded construction project

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

Blood plasma collection or processing centers supplying blood to medical facilities utilizing government funding

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

5. Does your organization serve as a depository of Federal funds in any amount or as a financial institution holding transfer agent authority for U.S. savings bonds in any amount?

Examples:

Banks, savings and loans and credit unions or other financial institutions with Federal deposits in any amount or transferring U.S. savings bonds in any amount.

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

Title VII and The Uniform Guidelines on Employee Selection Procedures obligate all employers with 15 or more employees to track employee selection practices. Does your current process track personnel actions?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

Does your selection process include tools to monitor compliance with EEOC/OFCCP requirements for adverse impact?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

Does your selection process collect and retain for easy access the data needed for compiling annual EEO-1or VETS-100 reports?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

Does your organization have an Affirmative Action Program?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

Are there processes in place to monitor the effectiveness of the program?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

The EEOC and OFCCP have developed a definition of an applicant that requires the following conditions be met for a job seeker to be considered a qualified applicant:

Employer has a job opening
Employer makes job seekers aware of the job opening
A job seeker acts to apply and is available
Job seeker follows the employer’s application process
Job seeker has the minimum qualifications for the job

11. Does your organization have processes in place to differentiate job seekers from qualified applicants per the EEOC/OFCCP definition?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

In the event of an OFCCP audit or claim filed with the EEOC, either agency may request a written applicant log. Do your current processes

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

provide such a log including all of the data in the format required by both agencies?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

13. If your current processes can generate an applicant log, does the log track each job seeker and applicant through each step of the selectionprocess until final disposition?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

14. Does your applicant log provide all of the following required information:

Applicant name

Sex

Race

Date applied

Job applied for

Requisition number (if used)

Location

Disposition

Disposition reason

Step Rejected?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

15. Does your applicant log provide the required information for each job and facility, as well as consolidated for the entire organization?

 Yes  No

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647

If you answered “Yes” to question 1, you must be EEOC compliant at a minimum. If you answered “Yes” to questions2, 3, 4 or 5, your organization must beOFCCP compliant. If you answered “No” to any one of questions 6 through 15, you may have deficiencies in your compliance process that need to be addressed immediately.

What are the consequences of non-compliance?

Determinations of discrimination based on available data that can lead to back pay claims averaging several hundred thousand dollars per occurrence. Inaccurate or inadequate data can be very costly.
Contract cancellation

We suggest that you contact CRI for further discussions regarding your compliance process, where your deficiencies may lie, possible exposures and the steps that need to be taken to reduce and/or eliminate your exposure.

Milton S. Cotter, Senior Partner

CRI

(972) 641-5494, ext. 199

Published by Candidate Resources, Inc. (CRI) *2100 Highway 360 * Suite 400-B * Grand Prairie, Texas 75050-1047 * 972-641-5494 * Fax 972-641-5647