Assignment 3.2: Thought Assignment
In December 1997, the EEOC released the “Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms”. This guidance outlines employers and staffing firm obligations as they apply to anti-discrimination statues under federal law. Applicable laws include Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Equal Pay Act (EPA).
Under law, companies with greater than 20 employees are subject to regulations under the ADEA, greater than 15 employees under the ADA, and greater than one under the EPA. “Employee” is defined in “Coverage Issues” and clearly differentiated from independent contractors for the purpose of determining application of the EEO guidance. The guidance around employee status, while detailed, requires that employers examine each situation on a case-by-case basis in order to determine employee status under law. Because the employer and its staffing firm are jointly responsible for the following of EEO guidelines, employers should consistently follow EEO guidelines regardless of employee status.
My company currently engages staffing agencies and Recruitment Process Outsourcing (RPO’s) for the purposes of placing both contract and fulltime employees across all areas of our business. As we establish and maintain relationships with our external suppliers, our External Resource Management Team (part of the internal recruitment team), Diversity & Inclusion, and recruitment teams have a part in negotiating Service Level Agreements (SLA’s) with our search firms and RPO’s. One of the key components of our SLA’s with our external providers is the setting of standards of quality, process, and determining appropriate measurement criteria. Within these agreements, our external suppliers agree to align their processes with ours, particularly...
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