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The OFCCP Can Make You Pay for Hiring Biases February 7, 2014

Posted by Darwin in Uncategorized.
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Business owners used to hire people based on if they knew them, if they liked them, or if the applicant fit a specific profile. Today, there are laws in place to ensure that every applicant is given the best possible chance at a job without any discriminatory factors playing a role against them. As a business, it is up you to ensure you meet every Department of Labor requirement, including those of the OFCCP offices. In short, discrimination cannot play a role in your decision to hire one person or not hire a person. How can you comply with it.

What Are the Limitations?

Most hiring managers know what these requirements entail. In short, you cannot discriminate during the hiring process in any way, including based on age, sex, religion, ethnicity, or other factors. While many people would say this does not happen any longer, they would be wrong. According to the Equal Employment Opportunity Commission, between October of 2011 and September of 2012, more than 100,000 private workplaces faced charges based on non-compliance with these factors.

Why Does It Happen?

Even if people say they are not hiring based on discriminatory factors, in some cases, the problem remains present. The problem may stem from a person’s beliefs or even subconscious biases about someone. Factors like height and weight, also not factors that should play a role in a person’s ability to do the job in most cases, often tend to affect the hiring manager’s overall opinion of people. They may not even realize this is happening though. That, in itself, is a worrisome factor.

What Can Businesses Do About It?

There are steps businesses can take to ensure that this type of discriminatory hiring practice does not enter into their workplace. One of the best solutions to the problem is to make the initial screening process and qualification process in the hiring process using software. For example, the use of Applicant Tracking Systems allows the employer to weed through hundreds of applications looking at key qualifications. Computer programs cannot tell if someone is one religion or the other or if one person is of one race or the other. This process ensures the best candidates for any project or position get through to the hiring manager for formal interviews. It ensures that companies are able to find and cultivate talent in its purest form.

There’s no doubt that large fines accompany companies that base hiring decisions on discriminatory factors. Yet, in many cases, these are not “on purpose” mistakes. To avoid them within your business, focus on software.