Affirmative Action Self Disclosure

1945599

Very long time reader, first time poster. I have begin to feel like I know some of you personally.

We are private for profit corporation located in the state of Oregon. Most of our work is done under Federal contracts. Our employment application has a page that asks the applicant to disclose race or nationality. It is my understanding that completion of this page is strictly voluntary. The problem: for some reason we have be receiving an inordinate number of applications were the applicant has elected not to provide this information. Because we are required to provide census data (eeoc,ofcc,etc. etc.)not having this information is skewing our population census. Question: Can we take our best guess and identify making sure to note on the form the designation is EMPLOYER generated?

marc

I think this was addressed a couple of years ago in this forum. If I recall correctly (what are the odds?), you can have someone indirectly involved in the process make that guess, like a receptionist. The guess can be indicated as such on the form. Even the fact that the receptionist has no idea.

That's my admittedly foggy recollection. I am sure others can be more specific.

ray a

I often get resumes sent in response to job ads which do not indicate race or sex. We make the best guess. If the last name is Rodriguez, I guess they are Hispanic. If the first name is Tracy, I flip a coin.

Irie

You should not guess a person's race or gender from a resume. Simply put it down as "unknown". If the person comes in to complete an application and they do not complete the employment data record, then the receptionist can guess as to the person's race and gender. This is the information we were given by our attorney as well as our AAP consultant.

ray a

Sorry, but there is no "unknown" category for race and gender on the AAP. I've been told we must make an effort to categorize all applicants. Especially since our available minorities numbers about 10%, I use white as the default; gender is typically easier to determine with the first name. We used to use the "unknown" designation until we were audited by the DOL and told that was unacceptable. I have successfully passed an audit in my plant and assisted our corporate office in one of their audits.

Parabeagle

The rules state that self-identity is the preferred method of gathering this information, but if an individual declines to self-identify, direct observation of a third party can be utilized.

HRCalico

I concur with Ray and Beag - if they do not answer it, you (or someone else) can guess. If I am in the office, I at least spend minute with each applicant, look over their app, and see if I have any questions, so am able to guess.

If you're struggling with your AAP, you may want to contact your "local" OFCCP and ask if they provide training. I had to drive three hours to Omaha, but they spent a half day with me, answered my follow-up questions via e-mail, and even let me e-mail my plan back to them when I finished to make sure it was complete. All paid for by my tax dollars.

marc

Woo hoo - tax dollars. Don't ya luv it?

Irie

What is the correct procedure for a contractor to obtain the ethnic information of its employees and applicants?

OFCCP regulations 41 CFR 60-1.12(c) indicate that for any personnel or employment record a contractor maintains, it must be able to identify the gender, race, and ethnicity of each employee and, where possible, the gender, race and ethnicity of each applicant.

OFCCP has not mandated a particular method of collecting the information. Self-identification is the most reliable method and preferred method for compiling information about a person's gender, race and ethnicity. Contractors are strongly encouraged to rely on employee self-identification to obtain this information. Visual observation is an acceptable method for identifying demographic data, although it may not be reliable in every instance. If self-identification is not feasible, post-employment records or visual observation may be used to obtain this information. Contractors should not guess or assume the gender, race or ethnicity of an applicant or employee.

A contractor's invitation to an employee or applicant to self-identify his or her gender, race, and ethnicity should indicate to individuals that supplying such information is voluntary. OFCCP would not hold a contractor responsible for applicant data when the applicant declines to self-identify and there are no other acceptable methods of obtaining this information.

ray a

I just sent this to our corporate HQ telling my boss he has been wrong for several years. Should be an interesting day.

marc

Ray walks into the Lion's Den and with a steely look in his eye, walks right up to the head of the pride and pulls on his beard, thumbs his nose and says "Nanny, nanny, boo-boo."