Equal Employment Opportunity and Affirmative Action in Greenhouse

Fulfilling Government Requirements

EEOC stands for the Equal Employment Opportunity Commission, the federal agency primarily tasked with enforcing federal laws preventing employment discrimination based on a candidate's race, religion, gender, national origin, age, disability, or veteran's status. Most companies and organizations are covered by federal nondiscrimination laws, and while the rules apply to firings, promotions, harassment, training, wages, and benefits, we're most concerned with how they intersect with the hiring process. Many companies prefer to proactively track and analyze their hiring data to ensure compliance with federal, state, and local nondiscrimination laws.

In addition, the EEOC form in Greenhouse is intended to assist companies with federal contracts track recruiting and hiring data, as required by law. Specifically, if a company has 50+ employees and any single government contract worth more than $50,000, such company is subject to the affirmative action planning requirements of Executive Order 11246 and its implementing regulations. These regulations require government contractors to create an annual affirmative action plan which includes, in relevant part, applicant and hiring demographic information, and analyses revealing whether hiring decisions have an adverse impact on any specific candidate demographic. Affirmative action plans must be completed by federal contractors on an annual basis and are subject to being randomly and periodically reviewed during audits by the Office of Federal Contract Compliance Programs (OFCCP).

Site Admins can make the Rejection Reasons field mandatory on the Configure > Permission Policies page, and the EEOC form can be enabled on each individual position's Job Post. By enabling the EEOC form, Greenhouse will solicit demographic information from job candidates by using a voluntary survey. The questions included on the voluntary survey are uneditable because the surveys were carefully crafted to comply with the relevant regulations and even seemingly minor changes could be deemed a violation by OFCCP. Results are anonymized and compiled into the EEOC report, which is only accessible to Site Admins with explicit permission to see it.

Promoting Company Diversity

While the intention of the report is to fulfill federal requirements, some companies see an opportunity to use the same data to audit and promote diversity initiatives in their hiring. From analyzing which sources provide diverse pools of candidates to identifying deficiencies in recruiting processes, there are plenty of well-intentioned reasons why a company might want to review their recruiting data at a more granular level than what is provided in the standard report. Greenhouse cautions you, however, to speak with your legal counsel to better understand the benefits and risks in having access to, and reviewing, this type of information.

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Comments

  • Avatar
    Tatiana Omran

    My legal team has expressed concern with the statement: "As a government contractor subject to Vietnam Era Veterans Readjustment Assistance Act (VEVRAA), we request this information in order to measure the effectiveness of the outreach and positive recruitment efforts we undertake pursuant to VEVRAA", since my company is not a "government contractor". Is there anyway to remove this statement or choose to not display it on our job postings?

  • Avatar
    Olivia Hirsch

    Hi Tatiana,

    Thanks for writing in! Currently, we aren't able to configure any part of the EEOC questions. The EEOC form is intended to be used by companies that are required to collect the data for Federal Compliance purposes. This form can only be used as it is already constructed.

    Hope this helps and please let us know if you have any additional questions at support@greenhouse.io.

    Thank you!
    Olivia

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