PeopleScout Compliance Alert: Vaccine Mandate Update

In January, the U.S. Supreme Court granted a temporary stay on the implementation of the Occupational Health and Safety Administration (OSHA) Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to require proof of vaccination or weekly COVID-19 testing.

This means that the ETS is on hold for further review by the U.S. Court of Appeals for the Sixth Circuit and a potential return to the Supreme Court. For employers, this ruling is not a final decision on the issue, but it does give them more time to prepare if the ETS does ultimately take effect. However, it also indicates for employers that the current Supreme Court is unlikely to approve the requirement.

The ruling also does not apply to any state or local requirements. Littler maintains a chart of vaccine-related legislation by jurisdiction. In some states, lawmakers have taken steps to limit or prevent vaccine mandates, while other states, cities and counties already have vaccine mandates in place for certain workers. Employers should work with legal counsel to determine if they are impacted by any existing legislation.

Employers that are not impacted by any federal, state or local legislation, can choose policies and practices best suited to their business as long as those policies do not violate the law, according to law firm Jackson Lewis. According to U.S. Equal Employment Opportunity Commission (EEOC) guidance, employers are able to mandate vaccines in most cases, but they must provide reasonable accommodations for employees who cannot receive the vaccine because of certain medical conditions or sincerely held religious beliefs.

Employers who are asking about vaccination status should take care in their approach. Tracking employee vaccination status can help employers determine whether workers need to wear masks, how quickly they can return to the workplace after an exposure to COVID-19 or if they can increase capacity in offices, but employers should be cautious in asking follow-up questions about why a person has not gotten the vaccine. According to SHRM, questions about why an employee is not vaccinated could be subject to the Americans with Disabilities Act (ADA).

As for workers, surveys show they are split on vaccine mandates, with a small majority (53%) saying they want to see their workplace introduce the proper technology that could record proof of COVID-19 vaccination.

Helping a Healthcare Company Adjust Their Recruitment Program Following a New COVID-19 Vaccine Policy

After administering more than 30 million vaccines across the U.S., a healthcare company announced a company-wide vaccination policy requiring employees in clinical and corporate positions to be fully vaccinated against COVID-19 by the end of October 2021. The move was driven by health and safety concerns for employees, patients and customers, but the client knew it wouldn’t come to fruition without impact to their workforce.

Flexing our Process for the New Policy

Because the new policy stipulated that all new hires in impacted roles be vaccinated, the PeopleScout client engaged with us prior to the announcement to discuss their plans and get ahead of any impact to recruitment efforts. As their long-term RPO partner, we were uniquely positioned to help the healthcare company create a multi-faceted plan to communicate the vaccine mandate to candidates and adjust recruitment activities to ensure new hires are in compliance with the mandate.

Leveraging copy and communications from the company’s HR and legal teams, we updated all relevant job descriptions with a section on the vaccine mandate and deadlines. To provide an additional screening step, we added vaccine status questions to application forms for the relevant positions. If candidates indicated that they were not vaccinated or not willing to be vaccinated, they were automatically disqualified in most states.

Taking a Hands-on Approach to Reduce Candidate Drop Off

To mitigate the impact on the dropout rate at the top of the funnel, we followed up with every candidate who said “no” to ensure they had understood the questions and hadn’t answered in error. As a result of this extra effort, several candidates were requalified and put back into the running for employment with the healthcare company. Disposition codes were also used to indicate when candidates left the funnel due reasons related to the vaccine requirements. This helped the company gather data on how the policy was impacting recruitment outcomes.

Supporting the Accommodation Process

COVID-19 vaccine mandate information was added to the candidate communication sequence in the organization’s CRM, directing them to a website complete with FAQs. Throughout the screening and interview process, the PeopleScout team also fielded questions from candidates. Common queries were about how to apply for a reasonable accommodation for those who are unable to be vaccinated due to medical or religious reasons. While the internal legal team handled the review of all accommodation applications, the PeopleScout team did field questions about the accommodation process, freeing up the organization’s internal teams to focus on more strategic initiatives while boosting the candidate experience.

For successful candidates, we ensured all offer letters contained language about the vaccination requirement and followed up with candidates to address any final questions.  

PeopleScout Compliance Alert – Office Reopening

As U.S. employers navigate pandemic-related changes to the workforce, leaders face new challenges brought on by the surging Delta variant.

For many employers, rising caseloads across the country have pushed them to delay a return to the office. As the New York Times reports, many companies have pushed their return to the office target into 2022. Additionally, employers face a shifting landscape of requirements and best practices to keep employees and customers safe and healthy.

Vaccine Requirements

In early September, President Joe Biden announced that he was directing the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop an Emergency Temporary Standard that will require all employers with 100 or more employees to ensure all employees are vaccinated or receive weekly tests for COVID-19. Employers will also be required to provide paid time off for employees to get the vaccine.

Additionally, President Biden signed executive orders requiring vaccines for all executive branch employees and some employees of federal contractors. 

Despite the announcement, it is still not clear how or when the new requirement will take effect. Employers should work with their legal counsel to monitor any new developments.

There is also a patchwork of local laws, and employers should consult an attorney to see if any apply in their jurisdiction. For example, Santa Clara County in California, requires employers to verify vaccination status with repeated follow-up for those who are unvaccinated. Others, like in Oregon, require employees to sign an attestation saying that they have been vaccinated.

Mask Mandates

With the Delta variant, the CDC has revised its guidance on masks, recommending that everyone, including vaccinated people, should wear masks indoors in areas of substantial transmission. The CDC has a website where people can track the transmission status of their county.

At the same time, some areas across the U.S. are reinstating maskmandates, and employers should pay close attention to local requirements as they may change in response to caseloads.

OSHA recommends that employers provide all workers with face coverings at no cost to workers. Employers must discuss reasonable accommodations for any workers who are unable to wear or have difficulty wearing certain types of face coverings due to a disability.

Some special types of employers such as healthcare and congregate care employers will have different and more stringent masking requirements and guidelines.

PeopleScout Compliance Alert: Mask Mandates

With the Delta variant driving increased cases of COVID-19 across the country, the CDC has revised its guidance on masks, recommending that everyone, including vaccinated people, should wear masks indoors in areas of substantial transmission. The CDC has a website where people can track the transmission status of their county.

At the same time, some areas across the U.S. are reinstating mask mandates, and employers should pay close attention to local requirements.

Los Angeles County, California, St. Louis, Missouri and Jackson, Mississippi have reinstated mask mandates for both vaccinated and unvaccinated people. Many other jurisdictions require or recommend masks for unvaccinated individuals. Masks are also required for all people who are in federal buildings or on federal lands. This includes federal contractors working on site.

Additionally, officials in other locations, including Oregon and Washington state are once again recommending but not yet mandating state-wide mask usage. Employers should watch their local guidelines closely as they may change as coronavirus cases continue to increase.

OSHA recommends that employers provide all workers with face coverings at no cost to workers. Employers must discuss reasonable accommodations for any workers who are unable to wear or have difficulty wearing certain types of face coverings due to a disability.

Some special types of employers such as healthcare and congregate care employers will have different and more stringent masking requirements and guidelines.

PeopleScout Compliance Alert: Vaccinations

As U.S. employers navigate pandemic-related changes to the workforce, leaders face new challenges, including the questions of requiring COVID-19 vaccinations and tracking employee vaccination status.

According to Littler, employers are taking a cautious approach, with concerns about worker privacy. According to U.S. Equal Employment Opportunity Commission (EEOC) guidance, employers are able to mandate vaccines in most cases, but they must provide accommodations for employees who cannot receive the vaccine because of certain medical conditions or sincerely held religious beliefs. However, few employers are mandating the vaccine.

When it comes to tracking employee vaccination status, employers are taking a mixed approach, with 41% of respondents to the Littler survey saying they will ask workers to voluntarily disclose their vaccination status, 32% saying they won’t ask and 27% saying they aren’t sure.

Employers who are asking should take care in their approach. Tracking employee vaccination status can help employers determine whether workers need to wear masks or if they can increase capacity in offices, but employers should be cautious in asking follow up questions about why a person has not gotten the vaccine. According to SHRM, questions about why an employee is not vaccinated could be subject to Americans with Disabilities Act (ADA).

If employers do ask vaccination status, they have a few options for tracking. Some employers are relying on the honor system, some require an employee to sign an attestation saying they have been vaccinated and others have formal tracking systems.

There is also a patchwork of local laws, and employers should consult an attorney to determine if any apply in their jurisdiction. For example, Santa Clara County in California requires employers to verify vaccination stats with repeated follow up for those who are unvaccinated. Others, in Oregon, require at least an attestation. Additionally, laws are pending in some states that would prevent private employers from verifying employee vaccination status.

COVID-19 Series: The Waffle House Index and How a Structured Approach to Contingent Labor Can Ensure Business Continuity During a Crisis

As organizations around the globe confront the challenges presented by the coronavirus outbreak, even the most seasoned talent leaders find themselves in uncharted territory.

Months into the pandemic, we still face rising cases around the globe and continued uncertainty. However, for many organizations, it is important to keep the talent acquisition and workforce management function moving.

In that spirit, we’re sharing a conversation about how a structured approach to contingent labor can ensure business continuity during a crisis. This podcast is a recording of a Talking Talent Webinar. Our three panelists joined to talk about the Waffle House Index and how the concept can be applied to contingent labor.

In a hurricane, tornado or other catastrophic event across the American south, the Waffle House is one of the last or only businesses that remains open. The concept is so famous that FEMA has used the Waffle House Index for the last decade when assessing the severity of storms.

How does the restaurant chain do it? And how can you replicate that idea?

Our panelists are Jen Torres, Senior Vice President of Client Delivery at PeopleScout; David Corrigan, Business Development Manager at PeopleScout; and Nicki Chipp-Flohr, Vice President of Strategic Accounts at PeopleReady.

Jen Torres has more than 14 years of experience as a partner to Fortune 100 companies seeking managed workforce solutions. Her creativity and innovation helped some of the country’s largest financial and technology institutions launch and develop workforce operations into industry-leading programs. She is known for her passion for people and excellence in leading custom workforce solutions with emphasis on customer service.

Jen is personally passionate about involvement in volunteerism, diversity networks and with disability affinity groups that have a greater positive impact on the communities they operate in.

David Corrigan has more than 12 years of strategic sales experience across the talent landscape of workforce solutions, enterprise technology, and advisory services.

David maintains a deep understanding of industry trends, best practices, and business acumen. This foundational knowledge enables him to become a trusted advisor to his clients and deliver a high touch and relationship-centered experience. He takes a programmatic approach to identify, develop, and execute sales strategies, ensuring a measurable and accountable sales process.

With over 25 years’ experience in staffing and employment-related fields, Nicki Chipp-Flohr joined PeopleReady as Vice President, Strategic Accounts in February 2019. In this position, Nicki oversees growth, strategy and operations of PeopleReady’s national accounts.

Nicki brings expertise in crafting and leading solutions for national and multiple-unit, high-volume staffing accounts.

In addition to staffing, Nicki has worked in vendor management and managed/outsourced services, overseeing multiple SOWs and accounts. She has worked in various roles in her career, from recruitment and on-site management to multi-state and national leadership positions.

COVID-19 Series: How the Pandemic Impacts Talent Program Implementation

As the COVID-19 pandemic continues and talent leaders around the world respond to the constant uncertainty, many are partnering with RPO and technology providers. Meanwhile, hiring and technology needs are changing quickly and frequently, which necessitates a nimble partner who can scale quickly. However, the days of implementing new programs in the traditional ways are over. Specifically, there are no days-long, in-person kickoffs or hands-on, face-to-face trainings. Now, it’s all virtual.

At PeopleScout, Emily Gordon has risen to the challenge of building partnerships and implementing new talent programs without even a handshake. She has more than 21 years of experience in talent acquisition and has overseen sourcing, continual process improvement and client implementations. In particular, her expertise is in transitions, process improvement, team building, client relationship development and operational delivery.

We spoke with Emily from her home in Michigan about what implementation looks like right now.

How has the COVID-19 pandemic transformed the RPO implementation process?

The first and most obvious change is that it has moved everything to a 100% virtual process. That was a big shift for us. We depended on in-person meetings and non-verbal cues. Implementation has been a human-to-human process. We’ve been really pushed to leverage technology and use new tools. We’ve also added an emotional intelligence expert, who is helping our internal teams and our customers adapt. We’re interacting with stakeholders in different ways.

We’re using a lot of video and doing lots of checking in, but we’re also taking more breaks. In a traditional implementation, we’d have a big kickoff that would take place over multiple days. We’d meet in person and get the butterflies and nervousness and excitement out. That’s difficult to manage now; because of video fatigue, people have a hard time spending a full workday on camera in a video meeting. So, we break our kickoff into more manageable chunks.

That means that while implementations during the pandemic have moved faster than they did before, it feels like we’re moving slower over the first few days as we get started. Relationships take longer to grow over video calls than they do in person. At the same time, we save a lot of time because we don’t need to build in travel or work as hard to coordinate schedules. This speed is important right now because a lot of customers want to implement new solutions faster because they had to scale down so quickly due to COVID. Now, they’re needing to ramp back up just as quickly.

What does the process look like now?

We’ve boiled the process down to four steps, and we use the acronym NEXT. It stands for Needs analysis, Engage and evaluate, eXecute and Transform.

In our needs analysis, we meet internally with our business development team and solutions architects, and we meet externally with clients to really understand their needs. We define what success looks like in this partnership and ensure that all their needs are met.

Then, we move into engage and evaluate, where we bring in even more stakeholders, including our PeopleScout client delivery teams. We go through every step of the client’s current process and look for ways to optimise and bring in our expertise. We make sure there aren’t any missed opportunities to accelerate success.

Then, we’re in the execute phase, where we add in our technology teams. We start to test and bring our new processes into practice. We bring the full delivery team into place, complete trainings and get ready for go-live.

Finally, we move into transformation. When you think about an implementation, it is really just the beginning, right? Our philosophy at PeopleScout is that implementation is a process and not an event. When we get to that last phase, we’re really at the beginning of our relationship with a new way of working established for both organisations.

What are the best virtual partnership building strategies you’ve developed – especially when it comes to communication?

Video is so important. At first, I think people were shy about being on video all day, every day. We broke up meetings to make it work for everybody. We also use collaboration technology to update our notes and project management tracking in real time so clients can watch everything happen. Building transparent communication virtually is difficult, so this has been an important step.

We’ve also learned not to be afraid to say, “I think we need to try that again.” Sometimes, we need to have another call to dig into an issue a little bit more, or maybe the right stakeholders couldn’t make part of a call. Sometimes, we ask the same questions two or three times throughout the process to make sure everyone is still on the same page.

A lot of talent acquisition teams are running lean right now. What advice do you have for organizations that are implementing RPO with a small internal team?

That’s the best part about RPO, right? Whatever you’re trying to implement – whether you’re trying to expand scope or add technology – that’s what we’re made for. Just be honest about the team you have and the needs you have. If you don’t have access to subject matter experts, let us know and be flexible. Maybe you previously had a reporting analyst, but now you can only provide access so that our team can find the necessary data ourselves. That’s okay. That’s our job. Our job is to bring the solution to you and to support you. It can feel overwhelming to start a new relationship. It’s a lot of work. To get through it, we need to acknowledge that and talk about the support you need so we can help you get there.

A lot of organizations find themselves needing to quickly implement a new technology solution, especially around virtual interviewing. What advice do you have for the process?

I recommend starting by selecting a technology solution that can be flexible and ramp up and down quickly. A best-in-class technology solution includes integrations, but that adds time and complexity when a lot of talent acquisition leaders are looking for speed. We encourage people to be flexible. We’ll pilot a new solution in a certain way and then decide what integrations we need to do and where we can best spend our time and effort. You have to design the process around your immediate needs and then build it from there.

At PeopleScout, we use Affinix™, and that’s always my recommendation. When a client needs it, we can just turn on our virtual interviewing solution. I just did this with one of my clients, a healthcare organisation, where we had to get video interviewing up and running really quickly at the start of the pandemic. If you need that, we can do it.

Are there any final thoughts you’d like to leave us with?

Remember that change is always difficult. Having a good partner makes it better, but there will always be bumps in the road. Communicate. Don’t be afraid to ask questions. Be vulnerable. Admit what’s working and what’s not. As an RPO provider, we are here as a consultant. Our job is to come forward with solutions to problems you might not even be able to articulate yet. So, be open. Implementation is hard, but it doesn’t need to be painful.

COVID-19 Series: Preparing for Recovery and Hiring in Uncertain Times

As organizations around the globe confront the challenges presented by the coronavirus (COVID-19) outbreak, even the most seasoned talent leaders find themselves in uncharted territory. We’re talking to our experts here at PeopleScout about the issues that are most pressing during this uncertain time.

We are focused on the safety of our employees and clients, friends, families and loved ones. However, it is important for many organizations to keep their talent acquisition functions moving – whether to provide essential services or to serve our communities by providing jobs.

In this episode, we talk about preparing for recovery. We don’t know exactly what the economic recovery will look like, but we do know that employers are facing a very different talent landscape than before the pandemic – and many have leaner talent acquisition teams.

Joining the podcast for this discussion is PeopleScout Client Portfolio Leader Chris Gould.

COVID-19 Series: The Future of Work and A Global Look at the Role of HR

As organizations around the globe confront the challenges presented by the coronavirus (COVID-19) outbreak, even the most seasoned talent leaders find themselves in uncharted territory. We’re talking to our experts here at PeopleScout about the issues that are most pressing during this uncertain time.

We are focused on the safety of our employees and clients, friends, families and loved ones. However, it is important for many organizations to keep their global talent acquisition functions moving – whether to provide essential services or to serve our communities by providing jobs. Many organizations are also now adapting to a newly virtual workforce.

In that spirit, this podcast shares insights from three of our leaders here at PeopleScout about how the COVID-19 pandemic is impacting the future of work, and what HR leaders should be thinking about right now.

You’ll hear from Jennifer Mattocks, PeopleScout’s managing director of the Americas; Robert Peasnell, deputy managing director of the United Kingdom; and Guy Bryant-Fenn, managing director of Australia and New Zealand.

The Future of Graduate Recruitment is Digital

The graduate recruitment process has grown increasingly digital in the past few years, but the entire process for 2020 was held online due to the pandemic. However, the virus didn’t create this change; it simply sped up a process that was already happening.

As a graduate resourcing consultant, 2020 is my fourth graduate recruitment cycle. I currently work on the Lendlease team at PeopleScout, supporting our client by sourcing bright minded graduates who will help to shape and deliver the future of the construction and property industry.

And, despite the uncertainty in the world right now, I am confident that this move to digital graduate recruitment will stick.

Graduate Roles are Still Important

Graduates are the future of every business. Lendlease has a two-year graduate program, and the people hired for those roles use that program to grow their skills and experience before moving on to other roles within the business. We have even seen some of those graduate hires grow to become senior leaders at Lendlease.

Furthermore, it is critically important to continue recruiting for graduate roles during this uncertain time. Graduates futureproof the business by bringing in diverse, new talent with different perspectives, new ideas and an understanding of current trends. By actively filling these roles, we are preparing for the future beyond COVID-19.

But, the Process Needs to Change

Normally, the planning for a graduate recruitment cycle begins in the previous year. For 2020, we started planning in November and December of 2019. We prepare through January and February, and then the campaign goes live in March. In previous years, we would attend career fairs, flying to different universities and presenting information about Lendlease in person. Throughout the next few months, candidates would apply and interview online, and finally attend an in-person assessment center.

But, in 2020, we needed to adapt rapidly. We stuck with our normal timeframes, but moved the entire process online – career fairs and assessment centers included. Earlier this year, I attended one of the virtual career fairs.

The fair was run by a university, and nearly 1,500 students registered. We advertised on social media to get students excited to speak with Lendlease. On the day of the fair, about 300 students visited the digital booth – making it one of the most popular. I was able to present to larger groups of students at once – something that isn’t possible at a traditional booth. Students also came with questions, which I was able to answer and talk with them about one-on-one.

The virtual fair I attended was held using Zoom video technology, along with the help of a third-party provider to ensure everything ran smoothly on the day of the event. Each employer had a unique booth and logo, so students could easily identify them and talk with employer representatives. Many graduates registered to come talk with us, allowing us to target hundreds of students in just three hours without having to travel.

Best Practices to Make the Transition Smooth

For the process to be successful, consider the types of technology you use. For virtual career fairs, the university may already have a preferred platform. However, you will still need to consider virtual interviews and virtual assessments. At PeopleScout, we use Affinix™, our proprietary talent technology. With Affinix, we can schedule and conduct virtual interviews – live or recorded – on a candidate’s own time.

Likewise, it is important to focus on communication. Graduates want to hear from you. Something as simple as a message to check in can be powerful. Communicating with candidates, even if it means admitting you don’t have all the answers, builds trust in an uncertain time.

We Won’t Go Back

With the COVID-19 crisis, we are always facing new surprises. However, with graduate recruitment, the surprise was how well the process worked – even with changes taking place under a tight timeline. We had to adapt quickly, but we saw that the digital process works. Students responded well to online career fairs. We saved money by avoiding air travel and lodging. We communicated with and assessed candidates in ways that kept everyone safe.

Based on our experience, 2020 won’t be a one-off year in which graduate recruitment looks different than normal. It will be the first year where digital graduate recruitment is normal.