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Advanced Applicant Tracking Strategies for Government Contractors: Effective Tools To Avoid Claims of Discrimination

OnDemand Webinar (87 minutes)

Find out how to properly track applicant data to avoid costly and damaging discrimination findings.Federal contractors and subcontractors are required to track applicant data for their affirmative action plans. However, even companies who properly track applicant data treat the process as a purely recordkeeping exercise. Failure to maintain proper and robust information regarding applicant disposition is the most common error employers can make which results in Office of Federal Contract Compliance Programs (OFCCP) findings of discrimination and awards of many thousands of dollars. This topic is designed to guide those persons responsible for applicant tracking on practical and effective strategies for the disposition of applicants as a tool for defending against claims of discrimination. We will also discuss recordkeeping steps critical to support effective applicant tracking.


Matthew J. Camardella, Jackson Lewis P.C.


Overview and Background

• Why Track Applicants?

• Origin of Internet Applicant Rule

• How Poor Applicant Tracking Can Subject Employers to Monetary Liability

Four Prongs of Internet Applicant Rule

• Expressions of Interest

• Consideration

• Basic Qualifications

• Removal From Consideration

Use of Prequalifying Questions

• Potential Benefits of Prequalifying Questions

• What Types of Questions Can/Should Be Asked

• Required vs. Preferred Qualifications

• Ranking Candidates

Strategic Use of Disposition Codes

• Importance of Disposition Codes

• Purpose of Disposition Codes - the Who, What, Why and When

• Examples of Poorly Designed Disposition Codes

• Examples of Strategic Disposition Codes

Recordkeeping as a Critical Component of Effective Applicant Tracking

• Types of Records Which Must Be Maintained

• Creation of Additional Records to Assist in Tracking Efforts

• Proper Maintenance of Records

• Manager Engagement and Accountability

Analyzing Hiring Process for Adverse Impact

• Identifying Initial Indicators of Adverse Impact

• Refining Analysis by Job Classification

• Conducting a Staged Adverse Impact Analysis

• Using Disposition Information as Defense to Indicators of Adverse Impact