Video Interviewing, OFCCP, EEOC and Why Being Protected Matters
Being an Equal Opportunity Employer is about more than just compliance –it’s about your brand, your culture and your chance at reaping the benefits of a strong and diverse workforce. It doesn’t matter what medium a company chooses (phone, video, digital, simple resume screening) to screen and interview candidates; compliance and the solid establishment of its importance is completely required.
Each method of vetting candidates comes with the opportunity to discriminate against candidates. Companies must protect their talent acquisition process by ensuring complete EEO compliance throughout the entire recruiting and hiring process. This applies to just about every company:
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.
We’ve come a long way in the fight against workplace discrimination, but each company needs to do its part to ensure that all workers are afforded the same rights. Race, age and religious discrimination are still alive and well in our society, but that does not have to be, nor should it be, the case in your workplace. Not only is video interviewing in line with all compliance guidelines, it can help you keep fair and consistent interviews across positions, locations and applicant pools.
Let’s talk how organizations can ensure EEO compliance with video interviewing and screening.
Diversity should be a top-down value.
Video interviewing software can in no way discriminate against a candidate, that’s a human issue. Technology can’t and won’t create biases, only the people using it can. To be completely EEOC compliant, leadership has to establish diversity as a value from the top, down. It must be part of the culture, values and mission. It’s not about accepting others whom we might perceive as different; it’s really about viewing them as an asset and valuable resource in business.
You can make this a non-issue by training your interviewing and talent acquisition teams in diversity and compliance ahead of time. Have each interviewer or hiring manager record non-job specific questions to keep a wide range of appropriate questions available and to use per job requirement so that candidates have a consistent experience across the company.
Video is a strong discrimination deterrent.
Video interviewing and screening provides the ability to monitor and track all screening and interviewing activity. Recruiters and hiring managers can now be held accountable for discriminatory behavior, which also acts as a deterrent. Companies are also now armed with recorded proof of their compliance. These videos are stored, complete with ratings and comments and depending on your ATS, resumes and application information as well. Videos support a fair and equal screening process.
Video Interviews are stored for longer than the OFCCP requires.
The OFCCP requires you to store your interviewing data and applicant data for up to two years. GreenJobInterview keeps your video interviews stored for three full years.
How long a record must be maintained depends on the size of a company and the contract it holds. As expressed in the implementing regulations at 41 CFR 60-1.12, for companies with fewer than 150 employees or a contract of at least $150,000, the record retention period is one year. Contractors with at least 150 employees and a contract of $150,000 are required to maintain the records for a period of two years. That time period is measured from the time the record was created or from the time of the personnel action associated with that record, whichever is later. As an example, for a selected applicant the retention period would be calculated from the date of selection rather than from the date of application. If a contractor repeatedly considered an individual’s resume, the retention period would start as of the last consideration given to that resume.
Video provides the consistency that inherently combats biases.
With recorded interviews, employers are able to create one recording of the same questions, asked in the same way, from the same person, for every candidate screened or interviewed. Every candidate gets the same exact experience. This consistent and standardized process takes variables like individual interviewer bias out of the overall equation and supports a consistent and cohesive employer brand.
No off-track discussions.
This process also helps to combat the biases that can arise from small talk or “conversation” interviews. Candidates can’t sway a hiring manager during recorded interviews. These interviews don’t allow for off-track discussion or flattery. Straying from standard interview questions can also make candidates feel uncomfortable or give an unfair advantage to those who have similar interests to the interviewer. With video screening (an option that allows pre-recorded questions to be answered by candidates at their leisure or in a specific time window) the opportunity for this is diminished entirely. With live interviews, the same discussions may take place, but the notes, storage and recording avoid any finger pointing or vague issues.
No individual advantages.
Each candidate is given the same response time in which they can hear the question, think about their answer and then deliver their response. They are allotted the same challenge to prove that they can think on their feet, or the same opportunity to analyze the question before answering. This depends on the time the interviewer chooses to give the candidates.
When video interviewing started gaining in popularity, there were worries that virtual face-to-face interviews with candidates spelled disaster. Today, companies have realized that the streamlined and consistent process that video interviewing lends actually acts as a deterrent to hiring discrimination.
If you want to learn more about the interviewing process, we would like to invite you to take a 2-minute video tour of our suite of video interviewing solutions. To learn more, or to have a guided tour, please sign up for a demo here.