To stay OFCCP compliant, be very precise in outlining your company’s Promotion Policy and Hiring Procedure.
A case was handed over to me to investigate when it was stalled by the original Compliance Officer. An Impact Ratio Analysis could not be conducted. The original CO saw that females were not upper level Job Groups. The assumption was potential discrimination for females. The company did not have a set procedure to handle promotions. When a position is posted internally for 3 days, inside staff could submit a resume or simply a note to his or her supervisor of his/her interest in the new position. The manager sometimes did share the request to the new department and may or may not have informed HR. The original Compliance Officer, and the Assistant District Director was wishing for and a financial violation. After talking to all concerned in the company and explaining the liability that was possible, I gave them a record keeping violation with 18 months of progress reporting. The real problem was not discrimination but poor policy and procedures. Procedures need to be uniformly followed and there needs to be accountability. We are always available to answer questions. 800 698 1084
The Regulations 41 CFR Part 60 cites that the Promotion Pool comes from the feeder pool identified by the company in its availability analysis. This is true BUT when providing a pool to the government or for analysis, it is recommended to provide totally reliable and consistent pool from what actually happens. Provide a pool of only those that expressed an interest in the promotion FROM the feeder pool NOT the whole feeder pool. It is reasonable to assume that not everyone in the feeder group would be interested in the specific promotional position available for a variety of reasons: i.e. added responsibility too demanding, hours not acceptable, satisfied with current position, location and hours, etc.
I have seen issues that were eliminated by doing this. I have argued with attorneys about this and saved their clients potential financial violations. Again, it is always good to have a former OFCCP Compliance team on your side.
Call us with any questions on promotions. We can be reached at 800 698 1084.