Gain a better understanding of the OFCCP internet applicant rule and how disposition codes are used in OFCCP audits.
Because of employee turnover, business demands, and the ever-increasing need for speed, corporate recruiters and other HR staff often don't have time to think beyond hiring a qualified individual for an opening by a given deadline. Further, because of the advent of online applications, the volume of candidates that must be vetted for a given selection can be overwhelming.
Into this mix goes the need to specify why a given candidate was or was not selected, often accomplished by the use of disposition codes. However, without a base understanding of why disposition coding matters for OFCCP audit defense, the exercise can seem pointless. This presentation will provide an overview of the OFCCP internet applicant rule, differences between candidates and internet applicants from OFCCP's perspective, how disposition coding impacts those definitions and related AAP statistical counts, and how such codes are used in OFCCP audits (for and against employers).
Agenda
Faculty
Brian D. Barger
McGuireWoods LLP
- Management labor and employment partner at McGuireWoods LLP
- 30+ years of experience focused on federal affirmative action law and strategic employment risk management
- Defends clients in affirmative action systemic discrimination enforcement claims, audits, and complaint investigations throughout the country
- Regularly works on preparing affirmative action plans and counseling clients regarding applicant tracking and selection system design, diversity initiatives, compensation analyses, pre-employment testing, and federal record-keeping requirements
- Recent national presentations include: 2022 National ILG Meeting (7/27/22): Disparate Impact Discrimination Law, Lore, Lies, and Liability; 2021 National ILG Meeting (8/1/21): No Good Deed Goes Unpunished: Legal Issues and Risk Considerations in Implementing ERGs; (2019 National ILG Meeting (7/30/19): Let’s Play Jeopardy: OFCCP Questions and Answers
- J.D. and B.A. degrees, University of Virginia, with honors, including Phi Beta Kappa, Pi Sigma Alpha Political Science Honor Society, Order of the Coif, and the Earl K. Shawe Labor Relations Award
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