Affirmative Action Audit Checklist Part 3

By: James Gutierrez

Recruiting/Job Posting

One of the key elements in building your Affirmative Action Plan and conducting the various analysis is to ensure that you review your job descriptions and job postings and ensure they include the basic qualifications for each position.

When reviewing the basic qualifications of a job ensure they are the objective, non-comparative minimum requirements for the particular position. They must be relevant to the performance of the particular position and enable the company/employer to accomplish business-related goals.

Applicant Flow

For all open positions you must maintain an applicant flow log. When creating your applicant tracking system you must first provide all qualified applicants the opportunity to self-identify their race/ethnicity and gender and you must outline and document the screening process for each step of your selection process, for all applicants, using disposition codes.

The Office of Federal Contractor Compliance Programs (OFCCP) defines "applicants" to include those who (1) express interest in employment, (2) are considered for a particular position, (3) meet the basic qualifications for the position, and (4) do not withdraw from consideration prior to receiving an offer of employment.

You should provide ALL hiring managers and recruiters training on your hiring/selection process, what an applicant is (per OFCCP), the importance of keeping accurate records, the administrative and financial penalties that could stem from non-compliance and what compliance means. Your applicant tracking system should be periodically reviewed and tested to ensure that everyone is on the same page and that adverse impact does not exist or your hiring/selection process does not have barriers to employment for males, females or any minority group.

When reviewing your applicant log, should any job group have a large percentage of applicants with unknown race or gender, you should determine if their is a reason for this information not being captured. If it is by chance then you can make a visual observation (assuming the applicant was interviewed), but you should not guess the applicants gender or race by their name.

In the event that you outsource a portion or your entire recruiting process, ensure that your vendor understands your EEO and Affirmative Action obligations. The OFCCP views your vendor as an extension of the company. Using a third party does not mitigate your EEO or Affirmative Action obligations, meaning that they must also collect the self-identification information on your behalf. This holds true for temp agencies also.

Job Posting Requirements

For each opening ensure that they are posted with the state employment agency, except for executive and top management positions, positions that are to be filled within the company and temporary job openings that will last for three days or less. Ensure that all job postings include the EEO/AA statement "Equal Opportunity Employer M/F/D/V.

Your outreach efforts should include disabled individuals, veterans, minority and women publications and recruitment sources particularly for job groups that are under-represented in these categories. You should maintain documentation that captures your outreach efforts, point of contact, job posting associated with the contact, applicants referred from these sources - this should include career fairs, or other community outreach programs.


It is important to ensure that the career or job opportunity portion of your website meets the requirements of Directive 281 and has language that informs the user that the employer will accommodate individuals with disabilities that need assistance applying for open positions. You should also ensure that the application section of your website meets the requirements of assistive technology. You can refer to section 508 for a better understanding of some of these requirements or you can go to

Who is Career Resources, Inc.

Founded in 1979, Career Resources is a privately owned company which develops Affirmative Action and Diversity Plans, provides Diversity and Affirmative Action Plan implementation, online e-Learning courses, Sexual Harassment Training, EEOC and OFCCP vulnerability audits, OFCCP audit support used by hundreds of organizations nationwide including fortune 500 companies and small/medium size businesses in all industries. For more information about Career Resources, Inc., go to or email us [email protected]

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James Gutierrez, President of Career Resources, Inc., is recognized by many law firms as a subject matter expert on Affirmative Action Plan and Affirmative Action. Human Resources professionals enjoy receiving Career Resources Affirmative Action news.

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