Berkshire Associates Inc. Newsletter ~ Qtr. 2 ~ 2012

UPCOMING EVENTSNational Industry Liaison

Group ConferenceWaikoloa, Hawaii Waikoloa, Hawaii August 27-31, 2012

2012 HR Indiana SHRM Conference

Indianapolis, Ind.Indianapolis, Ind.August 28, 2012

NEWS AND INFORMATION ON HR AND AFFIRMATIVE ACTION ISSUES

viewApplicant Management | Compensation Management | Affi rmative Action | Workforce Planning | Diversity | Professional Training

See Compliance Connection..cont. on page 11

WHAT’S INSIDE

The Human Resource and Technology Connection ..........2

The Applicant Management and

Compliance Connection .......... 3

The Affirmative Action and Compensation Connection.......4

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

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

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

Refer Berkshire!THE HIGHEST COMPLIMENT OUR CLIENTS CAN GIVE ISTHE REFERRAL OF THEIR COLLEAGUES AND BUSINESS ASSOCIATES.

BERKSHIRE WILL SEND YOU A $20 SUPERCERTIFICATE FROM GIFTCERTIFICATES.COM FOR EVERY VALID REFERRAL YOU SEND US.

Understanding the Value of a Cross-Functional Compliance Connection By: Rachel Rubino, SPHR

When it comes to affi rmative 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 aff ected 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 Offi ce of Federal Contract Compliance Programs (OFCCP) audit or Equal Employment Opportunity Commission (EEOC) claim.

An eff ective 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 fi nd one person specializing in affi rmative 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 affi rmative 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 specifi c and accurate applicant disposition codes that eff ectively 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

This issue of Berkshire Associates’ BALANCEview is dedicated to our late Founder, Dawn. S. Hyde, SPHR, a pioneer in the human resource fi eld 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.

In Dedication

Mission StatementBALANCEview 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.

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view

See Technology Connection...cont. on page 8

EDITOR IN CHIEF:Carla A. Pitt man

EXECUTIVE EDITOR:Lauren Collinson

PRODUCTION MANAGER:Nancy Mitroka

DESIGN AND LAYOUT:Gretchen Schadegg

DISTRIBUTION MANAGER:Mary Madden

CONTRIBUTING WRITERS:Cindy Karrow, SPHRClaudia Jones, PHRLaura PohopinLauren CollinsonMichele Whitehead, SPHRMindy GoldmanNicole Butt s, SPHRRachel Rubino, SPHR

Berkshire Associates Inc.8924 McGaw CourtColumbia, MD 21045800.882.8904 • fax: 410.995.1198www.berkshireassociates.com

The Human Resource and Technology Connection By: Mindy Goldman

Today’s technology is responsible for making daily tasks easier and more effi cient. For instance, handwritt en lett ers have been replaced by email and social networking when communicating with others. If daily common tasks are aff ected and made more effi cient through technology, why shouldn’t your HR tasks benefi t 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 specifi c 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 effi cient. 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 SoftwareBerkshire’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 eff ective tool to conduct pay analyses while adhering to government guidelines. The CompDesigner function provides a fl exible system to continually monitor

an internally and externally equitable compensation program.

Affi rmative Action Planning SoftwareBerkshire’s BALANCEaap Web is a secure web-based application that gives users the power to create 100 percent Offi ce of Federal Contract Compliance Programs (OFCCP) compliant affi rmative 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 benefi ts to the web-based technology of BALANCEaap Web. The chief benefi t is BALANCEaap Web is constantly updated seamlessly in the background, ensuring you are

preparing a plan using the most up-to-date 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 off ers 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 SoftwareBerkshire’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 specifi c recruitment style. You have the freedom to control, manage, and organize workfl ow to best suit your needs in fi nding the ideal candidates for your job openings. With BALANCEtrak, any HR professional

there is technology that can help

streamline your processes

The Berkshire PerspectiveThe Berkshire Perspective

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The Applicant Management and Compliance ConnectionBy: Michele Whitehead, SPHR

I remember when Offi ce of Federal Contract Compliance Programs (OFCCP) fi rst released its Final Rule on the Defi nition 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 fl ow under control. One of the main causes is the lack of a broader applicant management policy that aligns with their affi rmative action plan requirements. Even the best applicant tracking system is only as good as the policies and processes that guide its users.

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 patt erns emerge from compliance reviews such as requests for confi rmation of outreach activities, copies of targeted recruitment lists complete with contact information, and evidence of eff orts 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 fulfi ll its affi rmative 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

plan year to plan year, placement goals and areas of adverse impact should be communicated to those responsible for fi lling positions and capturing the applicant fl ow 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 aff ected job groups, but for those job groups that are in the pipeline for internal movement into the aff ected 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 eff orts. Recruiters should assign disposition codes that refl ect the step at which each applicant was eliminated from the selection process. Additionally, applicant fl ow data should be analyzed to determine if it is refl ective 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 eff ectively 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@berkshireassociates.com to learn more.

Adverse Impact

CompensationAAP

VETS-100/VETS 100A Compliance

Get the latest human resource updates–DAILY!

Consultants Corner Consultants Corner

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Consultants Corner Consultants Corner

The Affirmative Action and Compensation Connection—The Importance of Practicing Both for Successful ComplianceBy: Claudia Jones, PHR

For the federal contractor community, the continually changing enforcement environment for assessing affi rmative action eff ectiveness is familiar territory. Many contractors have progressed

from being overwhelmed by the initial challenges of implementing and administering affi rmative action programs with the stringent recordkeeping requirements, to relishing in the intangible benefi ts refl ected across the workforce as a result of the good faith eff orts to recruit, promote, and reward a diverse workforce. The caveat for many is

determining ways to preserve equal employment across the board in all areas of the company.

Employers must make eff orts to refl ect a diverse workforce through all areas of the organization that refl ects its demographic area. Having a strong diversity program in place can help to support and improve the eff ectiveness of any affi rmative 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 bett er focus on crucial areas that should be redesigned to achieve a bett er

result refl ective 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

maintaining its talented and diverse workforce. When inequalities are determined early and unjustifi able diff erences are revealed, rectifying these diff erences as early as possible defuses a potentially damaging situation. To promote equality by consistently administering all employment practices will favorably benefi t the reputation of the organization and will continue to att ract 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 benefi t, and those making the eff ort to ensure fairness of pay and the threat of pay discrimination are eradicated.

For more information on the importance of eff ective salary equity and affi rmative action management, please contact a Berkshire compliance expert at 800.882.8904 or email bai@berkshireassociates.com.

HRCMF

Join our Linkedin group,

The HR Compliance &

Management Forum.

Employers must make eff orts to refl ect a diverse workforce through all areas of the organization that refl ects its

demographic area.

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Fast FactsFast Facts

The Latest OFCCP UpdatesBy: Cindy Karrow, SPHR

It is time again for Berkshire Associates to summarize Offi ce 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 fi nalized in the fi rst half of 2012. Some speculate the 2012 election is having a signifi cant infl uence on the process, slowing down the pace of the regulatory change. Patricia Shiu begs to diff er. 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 Offi ce 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 Lett er 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 submitt ed 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 Lett er and Itemized Listing is receiving approval for 30 days at a time. Final approval is expected soon.

The fi nal 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

to see intensifi ed eff orts 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 fi nalized. 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

Interested in having a Berkshire

expert speak at your next event?

CONTACT:

Lauren Collinson at:

laurenc@berkshireassociates.com or 800.882.8904 ext. 1307.

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 fi nalization of these changes.

Our fi nal update is about the 2010 Census EEO fi le. This fi le 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 www.berkshireassociates.com for the latest information.

There is much speculation about the release of these revisions close to

election time.

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Dawn Stauff er Hyde, founder of Berkshire Associates Inc., succumbed to her batt le with progressive dementia, and passed away on May 11, 2012 at age 57.

Dawn founded Berkshire in 1983. She was an infl uential fi gure 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

affi rmative 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 affi rmative action planning process easier. In the early 1990’s with the help of her father, Donald Stauff er, Dawn created the prototype version of Great AAP—a software product that fi nally automated the painstaking process of affi rmative action plan preparation.

Celebrating a True Pioneer

Dawn Stauff er Hyde Founder of Berkshire Associates Inc.

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

1983—Establishes Berkshire Associates Inc.

1985—Dawn receives her accreditation for life as a Senior Professional in Human Resources

1990—Creates prototype of Great AAP; a software product that automated the painstaking process of affi rmative action plan preparation

1995—Releases Great AAP—the fi rst affi rmative action software product ever released for commercial use

2007—Present—Over the past fi ve 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.

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

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 offi ce, which includes a sizeable Training Center designed to provide professional development for HR and AA professionals

1999— Releases Great AAP Client Server Edition to help companies with greater affi rmative action planning needs

2000— Releases Great AAP EquiPay to assist companies with conducting salary equity analyses—EquiPay allowed companies to manage and monitor fair pay

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

2003—Keeps up with regulation changes and releases BALANCEaap; a new and more powerful affi rmative action planning solution with enhanced features and functionality

2004—BALANCEpay, an evolutionary product of EquiPay, is introduced to the market—BALANCEpay allows companies to perform greater statistical analyses when conducting salary equity calculations

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

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 affi rmative action goals

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

Great AAP transformed a manual task for human resource professionals, into an easier, more effi cient 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 offi ce, to a 26,000 sq. ft. facility in Columbia, Md. Today, Berkshire is a leader in HR technology, has over 50

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

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

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,

and industries.

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.

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Our computer room is equipped with 13 high resolution computers. Each computer has high speed Internet access, CD-Rom drive, & 15” LCD Flat-Panel monitors.

In addition, the room includes: • Two printers • Ceiling mounted LCD projector • White board • Instructor podium

Specifi cations for workstations can be confi gured to meet your needs. One hour of technical support is included.

Meeting Room SpaceThe standard meeting room accommodates 30 people & includes:

• Tables that can be confi gured in various ways • Ceiling mounted LCD projectors • White board & fl ip chart • Instructor podium with laptop • Speakers & clip on microphone

Services & AmenitiesBerkshire off ers 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.

Meeting Training Room Rental Space

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

Training Training

EEOC Issues Guidance on use of Criminal Records in Employment Decisions

By: Nicole Butt s, SPHR

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

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.

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 diff erently than that of another applicant, based on race or national origin. An employer can

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 matt er, visit their website at htt p://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. You can also access Berkshire’s latest white paper on this topic at htt p://www.berkshireassociates.com/infocenter/whitepapers.aspx.

Did You Know?Did You Know?

is empowered to easily manage requisitions, automate workfl ow, post job openings to multiple career websites, and determine the most qualifi ed 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 lett ing Berkshire worry about the technical intricacies. As you can see, utilizing the right technology can enhance your HR practices through simplifi ed methods. Your company can easily utilize the cutt ing edge of HR technology and say good-bye to outdated and time-consuming processes.

To learn more about the latest HR technology, and how Berkshire can help streamline your eff orts, please call 800.882.8904 or email bai@berkshireassociates.com.

Technology Connection....cont. from page 2

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

To access the recorded versions of these webinars, please visit htt p:// www.berkshireassociates.com/ training/webinar.aspx.

Webcast—On March 29, Berkshire hosted a live webcast that brought some fun to the sometimes daunting topic of fi nding 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. Att endees learned what features to look for on their journey to fi nding the ideal solution—along with tips on establishing an eff ective 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 fi nd out how Goldilocks found her ideal applicant tracking solution, please visit: htt p://www.berkshireassociates.com/training/webcasts.aspx. Berkshire understands the importance of quality and up-to-date training in today’s changing HR environment, which is why we strive to provide the best—off ering 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 Affi rmative Action Planning Training. This class gave att endees comprehensive training on the federal regulations that govern affi rmative action, the affi rmative action plan preparation process, and OFCCP audits.

To sign up for Berkshire’s next round of leading training courses, please visit htt p://www.berkshireassociates.com/training/register/selectclass.aspx. For

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 fi lled with speaking engagements, client trainings, webinars and webcasts, tradeshows, and exciting volunteer work! We also stayed busy providing clients with the latest in affi rmative 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 HRWebinars—

• 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 off ered participants the latest information on recent changes in Offi ce of Federal Contract Compliance’s (OFCCP) position on affi rmative 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? Gett ing 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

more information call 800.882.8904 or email bai@berkshireassociates.com.

Berkshire Talks and TravelsBerkshire understands the importance of meeting with our clients and colleagues, which is why you can be sure to fi nd 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 Butt s, SPHR, shared valuable affi rmative action information in her presentation: ‘Affi rmative 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 att end 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 att endees 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, specifi cally 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 Charlott e, N.C., for the fi rst 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,

Out and AboutOut and About

See Out and About...cont. on page 10

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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 Offi ce of Federal Contract Compliance Programs (OFCCP) compliance initiatives are: time, personnel resources, and budget. Let’s face it, we are in lean economic

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,

‘Real Questions, Real Answers—Real-time 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 pendingOFCCP updates and compliance trends.

After SEILG, we were in the mood for more affi rmative action talk, so we stopped at the 2012 American Association for Affi rmative 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 att endees 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@berkshireassociates.com or 800.882.8904, ext. 1307.

Berkshire Writes HRBerkshire 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

employers, federal, state, and local governments. Writt en by Berkshire’s Training Manager, Nicole Butt s, SPHR, this timely white paper discusses this new guidance, and what actions employers should take. To access this FREE white paper, please visit: htt p://www.berkshireassociates.com/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 fi rst 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 eff ects 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 2012There 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 fi nd out what else we have planned.

Meanwhile, receive industry information and updates by joining us

on facebook at www.facebook.com/BerkshireHR and on Twitt er at: htt p://twitt er.com/BerkshireHR.

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 affi rmative action compliance, equal employment opportunity, applicant management, compensation, diversity, and workforce planning. Join this group by visiting: htt p://www.linkedin.com/groups?mostPopular=&gid=3868246.

Berkshire wants you to be successful and your AAP initiatives

to be eff ective

HR InsightsHR Insights

Out and About....cont. from page 9

See HR Insights...cont. on page 11

BALANCEview Page 11

and what is often viewed only as a once-a-year obligation and not an ongoing eff ort, companies often don’t adequately plan for the resources they will need to prepare an affi rmative action plan (AAP) and monitor their eff orts. Often, there isn’t a suffi cient 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 att ention and resources you need. Whether it’s training in affi rmative 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 effi cient 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 affi rmative 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 eff ective no matt er which option you choose, we also off er various training solutions. Whether you need training on the fundamentals of affi rmative 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 sett ing, 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 one- on-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 affi rmative 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 certifi cations, we have all the tools you need to help refi ne or streamline your AAP processes. To learn more, please contact a Berkshire representative at 800.882.8904 or email bai@berkshireassociates.com.

role in eff ective 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 affi rmative 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 putt ing 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 eff orts. Hiring managers are focused on fi nding 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 affi rmative 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 affi rmative 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 eff ective cross-functional 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 eff ectively.

To learn more about the importance of a cross-function compliance team, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.

HR Insights

Commpliance Connection....cont. from page 1

HR Insights....cont. from page 10

8924 McGaw CourtColumbia, MD 21045www.berkshireassociates.com

The Newslett er of Berkshire Associates Inc. Qtr. 2 ~ 2012

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