Does Your Recruiting Compliance Stack Up?
recruiting compliance

Does Your Recruiting Compliance Stack Up?

As employers struggle to find the right candidate in today’s tight labor market (current unemployment rate is below 5%), staying compliant throughout the recruiting process can take a backseat to simply getting the job filled. But before you cut corners consider this: the number of regulations to follow to ensure compliance have forced employers to get more disciplined in their recruiting practices.

Between the Equal Employment Opportunity Commission (EEOC), Office of Federal Contract Compliance Programs (OFCCP), Department of Labor (DOL) and other governing bodies, employers have a lot on their plate. And for many small and medium-sized employers, where resources are scarce and HR is responsible for all aspects of people management, managing recruiting compliance – much less understanding it – is a tremendous challenge.

To give you a greater understanding of what laws could impact your organization, here’s an overview of two critical compliance regulations that HR must maintain throughout the recruiting process.

EEOC

The EEOC is the governing body responsible for enforcing federal employment discrimination laws which prohibit “discrimination against a job applicant or an employee due to that person’s race, color, religion, sex (including pregnancy, gender identity and sexual orientation), national origin, age (40 or older), disability or genetic information.”

Privately-owned companies, state agencies and labor unions with 15 or more employees who have worked in that capacity for a minimum of 20 calendar weeks are required to comply with EEOC regulations. In 2016, the EEOC resolved 97,443 charges and secured more than $482 million in monetary damages against offending employers.

OFCCP

The OFCCP works to ensure that Federal contractors use non-discriminatory hiring practices so all Americans have equal access to Federal jobs. All Federal contractors who conduct business with the Government, in excess of $10,000, fall under this jurisdiction and cannot discriminate against employees based on their race, color, religion, sex and national origin. The law also mandates contractors to make efforts to employ qualified individuals with disabilities, Vietnam-era veterans and other covered veterans.

To ensure compliance, the OFCCP conducts yearly audits which scrutinize the hiring methods and procedures of federal contractors. Here’s what auditors are keeping a close eye on:

  • Have nondiscriminatory hiring and employment practices
  • Take affirmative action to ensure equal employment opportunity to all applicants, including veterans and disabled workers
  • Maintain proper employment decision guidelines

Best Practices to Prevent EEOC Violations

Discrimination throughout the recruiting process is often the result of a lack of proper training or lax policies. As the number of violations and discrimination suits continue to rise, employers must take a proactive approach to educating staff on proper interview procedures. Plus, employers must self-examine job descriptions and requirements to eliminate any potential biases.

Use this list of best practices with your staff to help prevent compliance missteps:

  • Ensure you have standardized recruiting and hiring procedures that all employees involved in the process understand and maintain. Are policies available for employees to review in your company handbook?
  • Evaluate your recruiting methods. Which recruiting resources do you utilize? Is your focus too narrow, creating gender or ethnic bias?
  • Are your recruiters and hiring managers educated on discrimination laws? Are they familiar with interview questions that could pose risk? Train hiring managers and recruiters on conducting consistent interviews that feature neutral, objective criteria, eliminating any subjective biases or stereotypes.

Now that you’re more familiar with best practices to stay compliant, take our benchmarking quiz to see how your organization stacks up.

Get your recruiting compliance risk score.

More to Discover

How to Make Tax-Free Disaster Payments To Employees

How to Make Tax-Free Disaster Payments To Employees

The pandemic is putting a big strain on everyone, maybe most of all your team, and you want to do everything you can to help.In a national emergency, employers have the freedom to offer unlimited tax-free financial assistance to employees who need it, with minimal administrative burdens. These disaster payments will be exempt from both federal income and employment taxes. What Disaster Payments Cover Disaster payment to affected employees can cover a broad range of “personal, family, living or funeral expenses (not covered by insurance)”. These may include: Unreimbursed Medical Expenses This can range from vitamins and over-the-counter medications to co-pays. Cleaning Products Disinfectant and hand-sanitizer for employee’s homes can help...

Paycheck Protection Program (PPP): What You Need to Know About Payroll Protection

Paycheck Protection Program (PPP): What You Need to Know About Payroll Protection

You need payroll protection. The federal government wants to help. Here’s what you need to know. The Paycheck Protection Program (PPP) As part of the $2 trillion aid package unveiled in the Coronavirus Aid Relief & Economic Security (CARES) Act, $349 billion was dedicated to the Payment Protection Program (PPP). This offers federal guaranteed loans to businesses with fewer than 500 employees to cover payroll and other essential costs.The federal government is focused on releasing funds quickly and with as little red tape as possible, giving small businesses a big boost right when they need it. And here’s the best part—if you use the funds to retain (or rehire) your employees, the loans don’t need to be repaid.View Payroll Protection...

Paycor's COVID-19 Command Center

Paycor's COVID-19 Command Center

We're excited to announce the release of Paycor's COVID-19 Command Center, a new analytics solution that delivers instant insights for crisis management. With the COVID-19 Command Center, you'll be able to: Prepare with real time insights Plan with actionable data Respond with the help of HR experts Recover quickly by playing the long game now Discover how your organization can make the best possible decisions with real time data, actionable insights and expert HR counsel.

Families First Coronavirus Response Act: Tips to Manage Employee Leave Scenarios

Families First Coronavirus Response Act: Tips to Manage Employee Leave Scenarios

Coronavirus Response Act On March 18 the Families First Coronavirus Response Act was enacted to help individuals, families and businesses. The legislation requires employers with under 500 employees to give sick leave and paid family medical leave to eligible employees.Eligible businesses are now able to take advantage of new tax credits to offset the costs associated with paid emergency leave and sick leave benefits implemented under the bill, including credit for health plan expenses affiliated with the new leaves. Below is a list of scenarios your employees may experience during this time. Scenario 1 A full time employee is sick and believes they might have COVID-19. The employee is visiting a doctor to seek a medical diagnosis and...