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NEWS AND INFORMATION ON HR AND AFFIRMATIVE ACTION ISSUES Berkshire Associates Inc. Newsletter ~ Qtr. 2 ~ 2012

Applicant Management | Compensation Management | Affirmative Action | Workforce Planning | Diversity | Professional Training

UPCOMING EVENTS National Industry Liaison Group Conference Waikoloa, Hawaii August 27-31, 2012 2012 HR Indiana SHRM Conference Indianapolis, Ind. August 28, 2012

WHAT’S INSIDE The Human Resource and Technology Connection ..........2

In Dedication This issue of Berkshire Associates’ BALANCEview is dedicated to our late Founder, Dawn. S. Hyde, SPHR, a pioneer in the human resource field who passed away on May 11, 2012. Dawn had a passion for helping HR professionals achieve their ideal, balanced workforce. She believed in equality and fairness, proven by her service to both the HR industry and the community in which she lived. The Berkshire Team will work to continue her legacy. Please see page six to read about our founder, colleague, and friend.

The Latest OFCCP Updates ........ 5

Understanding the Value of a CrossFunctional Compliance Connection

Tribute to Dawn Hyde................ 6

By: Rachel Rubino, SPHR

The Applicant Management and Compliance Connection .......... 3 The Affirmative Action and Compensation Connection.......4

EEOC Issues Guidance on use of Criminal Records in Employment Decisions ............................ 8 Out and About ......................... 9 The Resources You Have Versus the Resources You Need .............10



When it comes to affirmative action and equal employment opportunity (EEO) compliance regulations, many companies think the responsibilities rest on just the human resources department. However, most facets of an organization are affected by these regulations in some way, and it is critical every department of the company is aware of the regulations that apply to them and their role in the company’s compliance and risk management strategy. A cross-functional compliance team is an excellent way to keep all areas of the company on the same page when it comes to compliance, as well as reduce the risk they face during an Office of Federal Contract Compliance Programs (OFCCP) audit or Equal Employment Opportunity Commission (EEOC) claim.

An effective cross-functional compliance team starts within the HR department. Many people would assume everyone in a company’s HR department is on the same page about compliance and risk-management. However, in larger companies you might find one person specializing in affirmative action and EEO compliance, while the other HR functions are shared throughout the department. For example, someone not involved in compliance may not understand the importance of accurate and thorough documentation of actions like promotions, terminations, hiring, and compensation decisions. Often recruiters are not aware of affirmative action regulations and don’t understand the importance of capturing data throughout the applicant process—particularly assigning accurate disposition codes. This can put the company at risk during an audit if they do not have specific and accurate applicant disposition codes that effectively document where and why applicants fell out of the hiring process. These examples show that even within an HR department, it is critical all personnel understand their See Compliance Connection..cont. on page 11

Mission Statement BALANCEview is Berkshire Associates’ voice to the HR Community. Our mission is to provide up-to-date information on trends and challenges facing HR professionals. BALANCEview is also an extension of Berkshire’s mission to provide outstanding services and software solutions to organizations of all sizes, shapes, and business focus. Berkshire’s BALANCE comes from its staff of expert HR consultants as well as its innovative team of software developers that turn your ideas into reality. The entire staff of Berkshire Associates wishes to provide you with exceptional service, products, and information to help BALANCE your workforce.

view EDITOR IN CHIEF: Carla A. Pittman

EXECUTIVE EDITOR: Lauren Collinson


DESIGN AND LAYOUT: Gretchen Schadegg


CONTRIBUTING WRITERS: Cindy Karrow, SPHR Claudia Jones, PHR Laura Pohopin Lauren Collinson Michele Whitehead, SPHR Mindy Goldman Nicole Butts, SPHR Rachel Rubino, SPHR Berkshire Associates Inc. 8924 McGaw Court Columbia, MD 21045 800.882.8904 • fax: 410.995.1198

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The Berkshire Perspective The Human Resource and Technology Connection By: Mindy Goldman Today’s technology is responsible for making daily tasks easier and more efficient. For instance, handwritten letters have been replaced by email and social networking when communicating with others. If daily common tasks are affected and made more efficient through technology, why shouldn’t your HR tasks benefit from the advantages of technology? As an HR professional, there is no doubt you rely on technology when communicating with colleagues, creating and managing documentation, and performing other HR duties using word processing, spreadsheets, and other software suites. But after being inundated with electronic or paper résumés, and various spreadsheets, have you considered the possibility of other solutions specific to improving HR processes? In today’s technological environment, there is technology that can help streamline your processes and make your company’s HR practices more efficient. This technology includes products like Berkshire Associates’ BALANCEpay, BALANCEaap Web, and BALANCEtrak which can help your company meet its HR needs while keeping your processes in-house. Salary Equity Software Berkshire’s BALANCEpay with CompDesigner is the only compensation analysis tool on the market that conducts salary equity and factor-based pay analyses. This software eliminates the need for tedious spreadsheet management, providing a more effective tool to conduct pay analyses while adhering to government guidelines. The CompDesigner function provides a flexible system to continually monitor

an internally and externally equitable compensation program. Affirmative Action Planning Software Berkshire’s BALANCEaap Web is a secure web-based application that gives users the power to create 100 percent Office of Federal Contract Compliance Programs (OFCCP) compliant affirmative action plans (AAP). BALANCEaap Web provides an all-in-one, easy to use solution for all your AAP preparation needs without installing any software. There are quite a few benefits to the web-based technology of BALANCEaap Web. The chief benefit is BALANCEaap Web is constantly updated seamlessly in the background, ensuring you are

there is technology that can help streamline your processes preparing a plan using the most up-todate guidelines mandated by OFCCP. There are also extensive Error Checking and File Consistency features to guide you through correcting any issues that arise in your plan. Being web-based, it is easy to securely collaborate with users at any location. BALANCEaap Web also offers a Reports Distribution System that creates a secure, centralized information center, allowing you to easily publish reports and plans and provide access to other individuals as needed, eliminating excessive printing and mailing. Applicant Management Software Berkshire’s BALANCEtrak is another web-based tool that creates a more manageable and streamlined HR process. BALANCEtrak is an applicant management system designed to suit your company’s specific recruitment style. You have the freedom to control, manage, and organize workflow to best suit your needs in finding the ideal candidates for your job openings. With BALANCEtrak, any HR professional See Technology Connection...cont. on page 8

Consultants Corner The Applicant Management and Compliance Connection By: Michele Whitehead, SPHR I remember when Office of Federal Contract Compliance Programs (OFCCP) first released its Final Rule on the Definition of an Internet Applicant back in February 2006. Contractors everywhere were scrambling to put processes in place that aligned their applicant data with OFCCP’s regulations. Now, six years later, I still witness organizations struggling to get their applicant flow under control. One of the main causes is the lack of a broader applicant management policy that aligns with their affirmative action plan requirements. Even the best applicant tracking system is only as good as the policies and processes that guide its users.

plan year to plan year, placement goals and areas of adverse impact should be communicated to those responsible for filling positions and capturing the applicant flow data that ultimately is reported in the AAP. It’s not enough to identify placement goals. Recruiters and line managers must manage the applicant process beginning with a targeted review meeting to discuss where goals and adverse impact exist. They must also determine the appropriate targeted recruitment sources, not just for the affected job groups, but for those job groups that are in the pipeline for internal movement into the affected job groups. In other words, an existing goal in a high-level professional group may trigger targeted recruitment not only directly into that group, but also into the entry level professional group from which employees may promote. All outreach should be carefully documented to support good faith

targeted recruitment efforts. Recruiters should assign disposition codes that reflect the step at which each applicant was eliminated from the selection process. Additionally, applicant flow data should be analyzed to determine if it is reflective of the relevant labor force, and to identify existing adverse impact, not just overall, but at each step in the process. Are you doing everything you can to effectively manage your applicant practices? Did you know that today’s automated solutions for applicant management can lessen the burden of targeted recruitment and associated recordkeeping? If you’re still struggling to get your applicant management process in order, you’re not alone. Ask to talk with a Berkshire consultant about how we can align your process with your AAP requirements. Call 800.882.8904, or email bai@ to learn more.

In today’s compliance environment, contractors are not only still trying to wrap their arms around data requirements, but OFCCP continues to ramp up its request for applicant data during compliance reviews. Since the uptick in OFCCP audit activity, we have seen clear patterns emerge from compliance reviews such as requests for confirmation of outreach activities, copies of targeted recruitment lists complete with contact information, and evidence of efforts made with respect to recruitment of Veterans. There is no question that having a sound applicant management process is integral to a contractor’s ability to fulfill its affirmative action plan (AAP) requirements. An AAP contains valuable information about the makeup of an organization’s workforce, and the labor population(s) in which it typically sources for talent. Yet where many companies miss the boat is in connecting the dots between their AAP and applicant management process. For true progress to be made from

Get the latest human resource updates– DAILY!



Adverse Impact

VETS-100/ VETS 100A


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Consultants Corner The Affirmative Action and Compensation Connection—The Importance of Practicing Both for Successful Compliance By: Claudia Jones, PHR For the federal contractor community, the continually changing enforcement environment for assessing affirmative action effectiveness is familiar territory. Many contractors have progressed

determining ways to preserve equal employment across the board in all areas of the company. Employers must make efforts to reflect a diverse workforce through all areas of the organization that reflects its demographic area. Having a strong diversity program in place can help to support and improve the effectiveness of any affirmative action program. Consistently administering and auditing compensation systems that align with analyzing hiring, promotion, and termination practices helps detect potential biases against females or minorities, and helps employers to better focus on crucial areas that should be redesigned to achieve a better

maintaining its talented and diverse workforce. When inequalities are determined early and unjustifiable differences are revealed, rectifying these differences as early as possible defuses a potentially damaging situation. To promote equality by consistently administering all employment practices will favorably benefit the reputation of the organization and will continue to attract the most talented, diverse group of people. When employers strive to practice and implement equal pay, it can be a factor in creating high morale for the employees who benefit, and those making the effort to ensure fairness of pay and the threat of pay discrimination are eradicated.

Employers must make efforts to reflect a diverse workforce through all areas of the organization that reflects its demographic area. from being overwhelmed by the initial challenges of implementing and administering affirmative action programs with the stringent recordkeeping requirements, to relishing in the intangible benefits reflected across the workforce as a result of the good faith efforts to recruit, promote, and reward a diverse workforce. The caveat for many is

result reflective of equal employment. These types of alignments of internal assessments also help minimize low morale and lawsuits. Reassessing hiring, promotion, and termination practices—in conjunction with continuously evaluating fair pay—will have an immeasurable impact on the success of the organization in

Join our Linkedin group, The HR Compliance & Management Forum. BALANCEview Page 4

For more information on the importance of effective salary equity and affirmative action management, please contact a Berkshire compliance expert at 800.882.8904 or email bai@


Fast Facts The Latest OFCCP Updates By: Cindy Karrow, SPHR It is time again for Berkshire Associates to summarize Office of Federal Contract Compliance Programs’ (OFCCP) recent activities…and as of right now, there aren’t many. None of the proposals from 2011 have been finalized in the first half of 2012. Some speculate the 2012 election is having a significant influence on the process, slowing down the pace of the regulatory change. Patricia Shiu begs to differ. She commented at the recent Southwest and Rocky Mountain (SWARM) ILG meeting in San Antonio, Tex., that she was tired of people making predictions about what OFCCP is doing and thinking. Shiu went on to explain the delays in moving forward with regulatory changes are due to the Federal Government’s process for making changes, the Office of Management and Budget (OMB) approval process, or the magnitude of the proposed changes. This article will highlight the proposals and changes that are still pending. First is the proposed Audit Scheduling Letter and Itemized Listing. These new and update requirements were scheduled for release in fall 2011, and are not yet approved by OMB. The proposed changes ask for an increase in the amount of information provided and substantive changes in the format of the data submitted for a compliance review. Contractors and consultants provided a multitude of comments about these proposed changes, and Shiu says all comments are being taken into consideration. The current version of the Scheduling Letter and Itemized Listing is receiving approval for 30 days at a time. Final approval is expected soon. The final version of the changes to the Veterans regulations is also due out at any time. The changes

to these regulations propose more recordkeeping responsibilities for contractors in addition to a requirement to analyze Veteran applicants and placement rates to set a “target” for Veteran employment. Another major change would require formal linkage agreements between contractors and referral source agencies. We continue

There is much speculation about the release of these revisions close to election time. to see intensified efforts by OFCCP during audits to examine recruitment and placement activities and results for covered Veterans. There is much speculation about the release of these revisions close to election time. In December 2011, OFCCP published proposed changes to the regulations covering people with disabilities. Many of these changes are similar to those proposed for the Veterans regulations; however, this proposal also advocates a controversial seven percent utilization goal for persons with disabilities in each contractor job group. These regulatory revisions would also require linkage agreements between contractors and referral source agencies. The same intense study of targeted recruitment and placement activities, and results focusing on people with disabilities, can be seen in recent audit activity. Another anticipated update is OFCCP’s Federal Contractor Compliance Manual (FCCM). It is reasonable to assume this manual will contain changes that relate to the many regulatory proposals that are not finalized. Therefore, it is not expected to be available until late 2012 or early 2013. Other items on OFCCP’s to-do list are revisions to their Sex Discrimination

Guidelines, updated regulations for Federal Construction Contractors, and the design and implementation of the proposed Compensation Data Collection Tool. Although these topics surface occasionally, we have no word from OFCCP on when to expect finalization of these changes. Our final update is about the 2010 Census EEO file. This file will contain valuable information for contractors and others who prepare AAPs to use in estimating availability. According to sources at the Census Bureau, they are on schedule to provide this information by December 31, 2012. There is no word yet on when OFCCP will expect contractors to use this data to develop their AAPs. Berkshire will continue to monitor these pending changes, and will notify the HR community as updates become available. Please visit our website at for the latest information.

Interested in having a Berkshire expert speak at your next event?

CONTACT: Lauren Collinson at: or 800.882.8904 ext. 1307.

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Celebrating a True Pioneer

Dawn Stauffer Hyde Founder of Berkshire Associates Inc. Dawn Stauffer Hyde, founder of Berkshire Associates Inc., succumbed to her battle with progressive dementia, and passed away on May 11, 2012 at age 57. Dawn founded Berkshire in 1983. She was an influential figure in the human resource industry and spent nearly three decades as the company’s President. Among other accomplishments, Dawn is credited with breaking new ground in

affirmative action planning technology. Dawn always had a passion for the human resource profession, and helping her colleagues. With that in mind, she set out on a mission to to make the affirmative action planning process easier. In the early 1990’s with the help of her father, Donald Stauffer, Dawn created the prototype version of Great AAP—a software product that finally automated the painstaking process of affirmative action plan preparation.

Dawn’s Contributions

Great AAP transformed a manual task for human resource professionals, into an easier, more efficient process. Dawn’s courage to take chances with new technology made her a pioneer in an industry that lagged behind the rest. She turned her ideas into action, and ultimately moved Berkshire from a home office, to a 26,000 sq. ft. facility in Columbia, Md. Today, Berkshire is a leader in HR technology, has over 50

a software product that automated the painstaking process of affirmative action plan preparation

1985—Dawn receives her

1995—Releases Great AAP—the first

accreditation for life as a Senior Professional in Human Resources

affirmative action software product ever released for commercial use

recipient of several Maryland Top 100 Women Awards, Howard County Equal Business Opportunity Achievement Star Award, and Bravo Business Achievement Award. Berkshire is a manifestation of Dawn’s commitment and passion to help companies build an equitable and balanced workforce. She believed everyone should have equal access to employment across levels, job types,

2003—Began serving as President of the Maryland Association of Affirmative Action Officers (MAAAO); an organization that provides support and resources to AA/EEO professionals in the mid-Atlantic region

and releases BALANCEaap; a new and more powerful affirmative action planning solution with enhanced features and functionality

2006—Releases BALANCEact, an adverse impact calculator that helps companies to proactively identify and assess areas of adverse impact

2004—BALANCEpay, an evolutionary Server Edition to help companies with greater affirmative action planning needs

product of EquiPay, is introduced to the market—BALANCEpay allows companies to perform greater statistical analyses when conducting salary equity calculations

Dawn’s spirit, drive, and commitment to equality will be missed. The Berkshire Team will strive to continue her legacy. BALANCEview Page 6

Beth Ronnenburg, Dawn’s mentee of over 15 years, succeeded Dawn in June 2011. Beth, alongside the rest of the Berkshire team, will work to continue Dawn’s legacy to provide companies with the tools and support they need to succeed.

2005—Releases BALANCEtrak, a web-based applicant tracking system designed to help companies manage, organize, and monitor their hiring activities—BALANCEtrak also helps companies monitor progress towards meeting affirmative action goals

2003—Keeps up with regulation changes

1999— Releases Great AAP Client

and industries.

2005—Inductee, Circle of Excellence Award for being the recipient of several Maryland Top 100 Women Awards

to assist companies with conducting salary equity analyses—EquiPay allowed companies to manage and monitor fair pay

1990—Creates prototype of Great AAP; Associates Inc.

Reflecting her interest in diversity and equal employment opportunity, Dawn also helped to establish, and was the longtime President of the Maryland Association of Affirmative Action Officers. She was also recognized for her professional contributions, and received numerous awards including: Inductee, Circle of Excellence Award for being the

2000— Releases Great AAP EquiPay

Dawn was known for her innovative spirit and courage to use technology to help companies streamline their human resource processes.

1983—Establishes Berkshire

employees, and is one of the foremost providers of affirmative action solutions.

Dawn’s family has set up a fund in her honor. Donations can be made to: Girl Scouts of Central Maryland, Dawn Hyde Memorial Fund, 4806 Seton Drive, Baltimore, MD 21215.

2007—Purchases a 26,000 sq. ft. facility in Columbia, Md., to serve as Berkshire’s home office, which includes a sizeable Training Center designed to provide professional development for HR and AA professionals 2007—Present—Over the past five years, Berkshire has continued Dawn’s legacy of innovation and commitment to providing companies with the tools they need to achieve a balanced workforce. Since 2007, and true to Dawn’s spirit, our team has progressed to developing web-based products as a means to help companies work more competently in ensuring everyone has equal access to employment opportunities. BALANCEview Page 7

Did You Know? EEOC Issues Guidance on use of Criminal Records in Employment Decisions By: Nicole Butts, SPHR

Under Title VII of the Civil Rights Act of 1964.” EEOC’s purpose for issuing this guidance is to make it clear the use of an individual’s criminal history in making employment decisions may violate the prohibition against employment discrimination under Title VII. The guidance is not to eliminate or make illegal the use of criminal background checks, but to illuminate when and how such records should be used and applied in employment decisions.

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued guidance on the use of criminal background checks in employment decisions, entitled “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions

The guidance focuses on two kinds of discrimination—disparate treatment and disparate impact. An employer can be found liable for violating Title VII disparate treatment when the criminal history information of one applicant is treated differently than that of another applicant, based on race or national origin. An employer can


Specifications for workstations can be configured to meet your needs. One hour of technical support is included.

Fundamentals of Affirmative Action: July 17-18, 2012 October 16-17, 2012

BALANCEaap Software Training: Oct. 18, 2012 (BALANCEaap Web) Collaborative Plan Development: (Software purchase and training are required)

Oct. 19, 2012 (BALANCEaap Web)

AAP Boot Camp: (Register for four days in a row for the above three classes and save $170)

October 16-19, 2012 (BALANCEaap Web)

For more information, or to register online, visit: www.berkshireassociates. com/training or call 800.882.8904.

Meeting Training Room Rental Space Our computer room is equipped with 13 high resolution computers. Each computer has high speed Internet access, CD-Rom drive, & 15” LCD FlatPanel monitors. In addition, the room includes: • Two printers • Ceiling mounted LCD projector • White board • Instructor podium BALANCEview Page 8

Meeting Room Space The standard meeting room accommodates 30 people & includes: • Tables that can be configured in various ways • Ceiling mounted LCD projectors • White board & flip chart • Instructor podium with laptop • Speakers & clip on microphone Services & Amenities Berkshire offers the options of: • Catered Continental breakfast • Catered lunch For your convenience & use, Berkshire provides: • • • •

Full kitchen with refrigerator Unlimited beverages Afternoon snack Private client room with phones, computers, & Internet access

Contact Information: To book a training room, or for additional information please call 800.882.8904 or 410.995.1195 ext. 1220.

be found liable of violating Title VII disparate impact when the employer’s neutral employment policy of excluding from employment, applicants with a criminal history, disproportionately screens out protected classes, and the employer is unable to demonstrate the policy is job related and consistent with business necessity. Employers must be aware the EEOC considers any policy or practice which automatically and systematically excludes individuals from all employment opportunities due to any criminal history as inconsistent with job relatedness and business necessity. To read the full EEOC guidance on this matter, visit their website at http:// conviction.cfm. You can also access Berkshire’s latest white paper on this topic at http://www.berkshireassociates. com/infocenter/whitepapers.aspx.

Technology Connection....cont. from page 2 is empowered to easily manage requisitions, automate workflow, post job openings to multiple career websites, and determine the most qualified candidates—all while monitoring compliance with AA/EEO regulations. Similar to BALANCEaap Web, users across multiple locations can be given access to information for easier and secure collaboration. The web-based environment of both BALANCEaap Web and BALANCEtrak provides peace of mind knowing your data is safe, secure, and always compliant. You can focus more on your HR processes while letting Berkshire worry about the technical intricacies. As you can see, utilizing the right technology can enhance your HR practices through simplified methods. Your company can easily utilize the cutting edge of HR technology and say good-bye to outdated and timeconsuming processes. To learn more about the latest HR technology, and how Berkshire can help streamline your efforts, please call 800.882.8904 or email bai@

Out and About

it comes to audit trends, what to expect when you receive a notice, and recommendations for next steps.

By: Lauren Collinson From one season to the next! This quarter Berkshire Associates said goodbye to winter and hello to spring as we “sprung” into action to share the latest industry updates, information, trends, and resources with colleagues and clients. Berkshire’s second quarter was filled with speaking engagements, client trainings, webinars and webcasts, tradeshows, and exciting volunteer work! We also stayed busy providing clients with the latest in affirmative action planning, applicant management, compensation, diversity, workforce planning services, and software solutions. Here’s an overview of what Berkshire’s been up to: Berkshire Trains HR Webinars— • On May 30, Berkshire shared insight on compliance and the health care industry in its webinar, ‘OFCCP and the Health Care Industry: Making Sense of the Relationship.’ This webinar offered participants the latest information on recent changes in Office of Federal Contract Compliance’s (OFCCP) position on affirmative action in the health care industry. Facilitated by two of Berkshire’s leading compliance experts, this webinar addressed TRICARE, OFCCP’s rescission of Directive #293, the agency’s current position on their jurisdiction within the health care industry, and recommendations on how organizations can proceed in light of these changes. • Berkshire’s next webinar, ‘What Are They Up To? Getting a Handle on OFCCP Audit Trends,’ took place on June 20, and focused on the latest OFCCP audit updates. Working with over 2,000 federal contractors gives Berkshire incredible insight into the world of OFCCP audits. We gathered information on the agency’s latest activities, and in this webinar we shared what we’ve learned when

To access the recorded versions of these webinars, please visit http:// training/webinar.aspx. Webcast— On March 29, Berkshire hosted a live webcast that brought some fun to the sometimes daunting topic of finding an ideal applicant tracking solution. ‘Goldilocks and the ‘Just Right’ Applicant Tracking Solution’ provided the latest information on applicant management best practices, along with tools for selecting your “just right” applicant tracking solution. Attendees learned what features to look for on their journey to finding the ideal solution—along with tips on establishing an effective hiring process. This webcast also covered legal responsibilities when it comes to applicant management, and the importance of remaining compliant. To access the recorded version of this webcast to find out how Goldilocks found her ideal applicant tracking solution, please visit: http://www. webcasts.aspx. Berkshire understands the importance of quality and up-todate training in today’s changing HR environment, which is why we strive to provide the best—offering clients the options of Public, Private, and Online Training to meet their needs. Training Courses— We started off the quarter by welcoming clients from all over the country to our leading Training Center in Columbia, Md., from April 17-18, for our Fundamentals of Affirmative Action Planning Training. This class gave attendees comprehensive training on the federal regulations that govern affirmative action, the affirmative action plan preparation process, and OFCCP audits. To sign up for Berkshire’s next round of leading training courses, please visit training/register/selectclass.aspx. For

more information call 800.882.8904 or email Berkshire Talks and Travels Berkshire understands the importance of meeting with our clients and colleagues, which is why you can be sure to find us out and about at various events throughout the country each quarter. With that in mind, we started out the quarter in Texas at the SWARM 2012 Regional Conference from April 10-13. There, Berkshire’s Training Manager, Nicole Butts, SPHR, shared valuable affirmative action information in her presentation: ‘Affirmative Action 101—Understanding What It Takes to Develop an OFCCP Compliant Plan.’ We also met with other HR professionals to discuss the latest industry changes and information. After Texas, we made our way back to Maryland to attend the Chesapeake Human Resources Association’s Annual Spring Conference in Hunt Valley, Md., on April 26. One of our leading compliance experts, Suzanne Keys, SPHR, presented on the latest industry updates with attendees in her timely presentation: ‘Navigating the Complexities of Recent Compliance Regulations.’ A few days later we headed to Washington, D.C., for the 2012 SHRM Talent Management Conference from April 30-May 2. While there, we shared the latest information on applicant tracking software and solutions, specifically our leading applicant management software, BALANCEtrak. To learn more visit www.balancetrak. com. With SHRM Talent behind us, we decided to head back to CHRA for their annual Diversity Event on May 16 in Hunt Valley, Md. At this event we met with professionals from across the state to discuss the latest in workforce inclusion and best practices. Our next stop was Charlotte, N.C., for the first ever Southeast Industry Liaison Group (SEILG) Regional Conference from June 6-8. While there, Berkshire’s President, Beth Ronnenburg, SPHR, led a pre-conference workshop entitled, See Out and About...cont. on page 10 BALANCEview Page 9

Out and About....cont. from page 9 ‘Real Questions, Real Answers—Realtime Audience Polling Sheds Light on the Gray Areas of Handling an Audit’ that explored the gray areas of handling an audit, and answered those burning questions most HR professionals can’t wait to ask. Additionally, we also meet with colleagues to discuss pending OFCCP updates and compliance trends. After SEILG, we were in the mood for more affirmative action talk, so we stopped at the 2012 American Association for Affirmative Action’s (AAAA) 38th annual conference from June 13-15 in Washington, D.C. Here we spoke to HR and compliance professionals on the latest updates and trends. Our diversity expert, Sybil Randolph, PHR, shared her insight with attendees during her presentation, ‘Take a Closer Look–How Changing U.S. Demographics Are Shaping Today’s Workforce.’ While we were at AAAA, we were also at another conference—the Big Bend SHRM HR Conference in Tallahassee, Fla. At this year’s show, on June 13, one of Berkshire’s compliance experts, Charu Avasthy, PHR, spoke about the latest compensation trends and requirements in her presentation: ‘Is There Hidden Liability Lurking in the Compensation System? Identifying & Eliminating Pay Inequity.’ For more information on the topics presented, or to book an expert speaker at your next event or meeting, please contact Lauren Collinson at laurenc@ or 800.882.8904, ext. 1307. Berkshire Writes HR Berkshire is focused on keeping clients and fellow professionals up-to-date on the latest industry changes and updates, which is why we developed our latest white paper, ‘Understanding When and How to Use Conviction Records in Employment Decisions.’ In April 2012, the U.S. Equal Employment Opportunity Commission issued new guidance on the use of criminal background checks in employment, both hiring and retention, by entities covered by Title VII, including private BALANCEview Page 10

employers, federal, state, and local governments. Written by Berkshire’s Training Manager, Nicole Butts, SPHR, this timely white paper discusses this new guidance, and what actions employers should take. To access this FREE white paper, please visit: infocenter/whitepapers.aspx. Berkshire Volunteers On June 7, Berkshire’s employees teamed up to support the United Way of Central Maryland’s Spring Days of Action: Access to Healthy Food Initiative. Employees chose between two initiatives, and spent half the day volunteering their time to help others. The first initiative was to sort produce with the Mid-Atlantic Gleaning Network. The mission of this network is to bring people together to achieve the goal of recovering food to feed the hungry. Berkshire’s employees worked with this group to sort fresh produce to be donated to the Howard County Food Bank. The next initiative was the Garden Maintenance at Community Action Agency of Howard County. The mission of this group is to provide programs and services to low-income Howard County residents to help alleviate the effects of poverty. Berkshire’s staff worked in the community garden where they planted, weeded, watered, and did other garden maintenance. This was a wonderful day of volunteering, and we look forward to working with United Way again in the near future. Berkshire and the second half of 2012 There is a lot in store for the HR industry during the next six months. With that in mind, we promise to provide you with the most recent updates, technology, services, and training to keep you compliant and informed. We are also looking forward to meeting with fellow professionals throughout the country—including Hawaii! Stay tuned for the next issue of BALANCEview to find out what else we have planned. Meanwhile, receive industry information and updates by joining us

on facebook at BerkshireHR and on Twitter at: http:// We also have a great LinkedIn group called The HR Compliance & Management Forum. It is an interactive group providing a platform for human resource compliance and management professionals to discuss the latest industry trends and best practices. Topics include affirmative action compliance, equal employment opportunity, applicant management, compensation, diversity, and workforce planning. Join this group by visiting: opular=&gid=3868246.

HR Insights The Resources You Have Versus the Resources You Need—A Business Case for AAP By: Laura Pohopin When speaking with clients, the most common challenges I hear when it comes to meeting their Office of Federal Contract Compliance Programs (OFCCP) compliance initiatives are: time, personnel resources, and budget. Let’s face it, we are in lean economic

Berkshire wants you to be successful and your AAP initiatives to be effective times and almost everyone on the job is experiencing tighter budgets resulting in fewer resources to get the work done. When it comes to OFCCP compliance, See HR Insights...cont. on page 11

HR Insights....cont. from page 10 and what is often viewed only as a oncea-year obligation and not an ongoing effort, companies often don’t adequately plan for the resources they will need to prepare an affirmative action plan (AAP) and monitor their efforts. Often, there isn’t a sufficient budget, or any budget at all, for AAP consulting services or software—or for the appropriately trained staff to support either an outsourced or in-house project. If you are reading this and one of your many job responsibilities is to manage the AAP, you need to state your business case to your boss early and often to get the attention and resources you need. Whether it’s training in affirmative action, a software solution to prepare your plan, or a consultant to prepare your plan—build a business case to show what’s involved in such a project and include the costs, time, and personnel resources you’ll need. Berkshire Associates can help you learn about your options which will help you communicate and build a business case for what you need to complete your AAP in the most efficient way possible: • If time is your biggest challenge, consider our plan preparation services. • If the company budget is your biggest challenge, consider software such as BALANCEaap Web—Berkshire’s web-based affirmative action software that allows you to easily prepare a compliant plan yourself. • If you feel you don’t have the experience to do the plan on your own, consider a collaborative approach and let Berkshire’s expert consultants help you as you develop your plan with our software. • Because Berkshire wants you to be successful and your AAP initiatives to be effective no matter which option you choose, we also offer various training solutions. Whether you need training on the fundamentals of affirmative action

planning or training on the use of our software, our training solutions are designed to meet anyone’s needs. If you enjoy a classroom setting, our popular public classes are available at our training facility in Columbia, Md., throughout the year. If you’re unable to travel, you can schedule oneon-one online training with a live instructor dedicated to helping you. You can even bring the training to the location of your choice! • When you are ready, trust Berkshire’s professional account management team to consult with you about your unique needs and work closely with you to develop the best solution for your organization. Why choose Berkshire? With over 25 years of experience in preparing affirmative action plans for companies across the nation, we understand your unique compliance needs. From an in-house product development team, to a group of expert consultants with SPHR, PHR, CCP certifications, we have all the tools you need to help refine or streamline your AAP processes. To learn more, please contact a Berkshire representative at 800.882.8904 or email

Commpliance Connection....cont. from page 1 role in effective compliance and risk management. Aside from the HR department, all other areas of a company should be aware of their role in compliance and risk management. For example, a Marketing department is responsible for the company’s advertisements and the branding the company projects to prospective clients, customers, and employees. If the company is subject to affirmative action regulations, they are required to have images of the company’s workforce include a diverse group of employees, such as individuals with disabilities, women, and minorities. Also, all hiring advertisements the company runs must have the AA/EEO statement or

abbreviation in them—including print, radio, and TV ads. If Marketing is not aware of these regulations they could be putting the company at risk. It is critical hiring managers across all parts of the organization have an understanding of their place in the company’s compliance efforts. Hiring managers are focused on finding the candidate that will perform the best in their particular department, but often this focus can come at the expense of maintaining compliance with applicable regulations. Hiring managers are making decisions about candidates throughout the recruiting and interviewing process, and these decisions should be documented at all steps. Hiring managers must have an understanding of affirmative action and EEO regulations, and be aware of the steps they must take when hiring a new employee to ensure the company complies with all applicable regulations. Hiring managers who do not understand their role in compliance can put the company at risk during an OFCCP audit by not having proper documentation behind their decisions. Because these managers are interacting directly with candidates, they are at risk of facing a claim against them from a candidate who feels like affirmative action and EEO violations occurred during their screening or interviewing process. Creating a cross-functional compliance team within an organization can ensure all personnel within the company are aware of their role in keeping the company compliant, and the risks they face if they do not monitor their compliance. An effective crossfunctional compliance team will be able to keep the whole company abreast of current and changing compliance topics, and ensure each area of the organization is able to manage the company’s risk, while still performing their jobs effectively. To learn more about the importance of a cross-function compliance team, please contact Berkshire Associates at 800.882.8904 or email bai@

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