Managing Applicant Flow Data

1. Lisa K. Kaiser Director of Compliance Services Kairos Services, Inc. Lisa@KairosServicesInc.com 972.369.0015 Managing Applicant Flow Data

2. Background • 1998-2004 Judge Advocate US Army • Served in NY, Germany, Korea, SW Asia, TX • 2005-2007 Assistant Director San Antonio District Office • 2007-2008 Director of Regional Operations; Southwest and Rocky Mountain Region • 2008-2010 District Director; Dallas District Office (Acting Director Denver District Office)

3. Why Manage Your Applicant Data? • Hiring cases are still easiest to make • Swarm’s favorite kind of case • Hard to defend with adverse inference and recordkeeping requirements • The higher the number in your pool, the higher the standard deviation

5. TOOLS • Internet Applicant Rule • Data Management Techniques • Hiring Practices • Dispositioning • Record Retention

6. Internet Applicant • Expression of Interest • Considers • Has Basic Qualifications • Does Not Self Withdraw

7. Data Management • Retain records of data management techniques • Facially neutral/no disparate impact • Labor force statistics • Techniques applied before consideration

8. Hiring Practices • Which applicants competed for the same positions • Consistent • Requisitions? • Any/Open??

9. Purpose of Dispositions • Describe why an applicant did not continue in the hiring process (unless hired) • NOT status codes

10. Dispositioning • Defined • Neutral • Consistent

11. OFCCP’s ApproachDisposition Code Analysis • The purpose to analyze disposition codes is to identify legitimate, nondiscriminatory reasons for the adverse impact • First, determine whether codes are reliable • Use other evidence or sources, such as applications to check veracity • Look for “dump” codes • Determine whether codes based on subjective or objective criteria • Second, determine whether refinement by disposition code is appropriate

12. Purpose of Dispositions • Always Choose Objective Code • Use “Cleaner” Code

13. Dispositioning • Neutral • Is there adverse impact? • Credit checks, Criminal Convictions, Some drug testing • Why is that the criteria??

14. Dispositioning • Consistent • Negotiate salary/shift • Sometimes interview latecomer • We needed to fill this yesterday!

15. Dispositioning • The Good • The Bad • And The Ugly • Although Remember the Purpose

16. The Good • Objective • Removes as an Applicant • Reduces Pool • Use “cleaner” choice

17. The Good • Hired • Re-hire • Offer accepted; no show • Offer declined • Late for interview • No description of felony offense • Failed background check • Failed drug test • Failed medical exam • Failed reference check • *Accepted another job within company • *Applicant withdrew Prior to Offer • *Considering Local Applicants only • *Could not work days/hours/shift available • *Does not meet minimum requirements of job • *Failed to show for physical or drug screen • *Falsified application • *Filled internally • *Incomplete application • *No position currently available • *Not a US citizen • *Not eligible for re-hire • *Position Filled prior to considering applicant • *Position on hold or not filled • *Required full time (or part-time) employment • *Salary required above max range for job • *Unable to contact

18. The Bad • May Require Explanation • Subject to Overuse • May Not Be Alternative • Keep records to Support

19. The Bad • Overqualified: Greatly exceeds requirements • Communication skills poor or greatly lacking • Salary history out of range • Interviewed; not hired • More qualified applicant selected • Another candidate more closely met requirements

20. The Ugly • Difficult to apply consistently, are more subjective and can often become problematic in an OFCCP audit. • Sometimes no other alternative. Use only in that case

21. The Ugly • Asked for too high a salary • Disqualified; unqualified • Experience not applicable • Has not worked for a while • Lack of progression or growth in past jobs • Lacks enough relevant experience for this role • More desirable candidate selected • No education for position • No experience • No management experience • No work history • Offered different position • Poor Attendance • Poor interpersonal skills • Poor interview/assessment scores • Poor scores from informal interview • Poor work history • Poor writing sample • Preferred shift not available • Qualifications not a good fit with job description • Technical skills weak or insufficient • Unacceptable working conditions • Unprofessional attire • Unstable work history; gaps in work history • Very unprofessional in communication style

22. Record Retention • Less cooks in the kitchen, the better • Records almost always will help • Need protocols for retaining

23. In Summary • Keep the pools small • Consistency • Keep records • Remember the Purpose of Dispositions versus relying on a list

24. Questions or Follow Up • Lisa K. Kaiser • Director of Compliance Services • Kairos Services, Inc. • Lisa@KairosServicesInc.com • 972.369.0015