Principles of Affirmative Action: Meeting the Minimum Federal Requirements Speaker: Rosemary Cox, SPHR Senior Business Consultant Peoplefluent Facilitator: Julia Méndez, CAAP, PHR, CELS Principal Business Consultant Peoplefluent Research Institute Feb. 5, 2013
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Agenda
1. Define Federal Contractor 2. Laws enforced by OFCCP Facilitator Julia Mendez, CAAP, PHR, CELS
3.
Female/Minority AAP Disabled/Veteran AAP
4. Areas of focus for Your Program © 2012 Peoplefluent
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Principles of Affirmative Action
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What is Affirmative Action?
Proactive Action-Oriented Programs Women
Minorities
Person’s with disabilities Veterans
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Laws Enforced by OFCCP?
Executive Order 11246
Section 503 of Rehabilitation Act
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
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Responsibilities
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Record Retention
#1 Cited Violation © 2012 Peoplefluent
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Record Retention
Race, gender & ethnicity © 2012 Peoplefluent
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Record Retention • Less than 150 employees and • Less than $150,000 in government contracts Keep Affirmative Action Plan for 1 year
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Record Retention •150 employees or •$150,000 or more in government contracts Keep Affirmative Action Plan for 2 years
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Record Retention
Under audit? Keep all records covering period under investigation.
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Notices / Posters
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External Dissemination Posting Language
External Dissemination Purchase Orders/Contracts © 2012 Peoplefluent
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Written Affirmative Action Plan Under EO 11246 employers prepare a written plan to display organizational structure, policies, practices, programs, and data © 2012 Peoplefluent
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Written Affirmative Action Plan Service and supply contractors with 50 or more employees AND a contract or subcontract valued at $50,000 or more
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AAP Requirements for Females/Minority Evaluate workforce vs. labor pool
STATISTICAL COMPONENT
NARRATIVE COMPONENT
How you attract, recruit, & select protected class
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Statistical Analysis
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Work Force Analysis (41 CFR 60-2.11) • Examine evidence of concentrations & under representations • Rank jobs lowest to highest paid • Identify if a glass ceiling exists • Identify any segregated departments • Identify a supervisor in each department
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Work Force Analysis (41 CFR 60-2.11) Look for Potential Glass Ceiling
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Excl = Excluded from plan Incl = Included in plan Principles of Affirmative Action │19
Job Group Analysis (41 CFR 60-2.12; 2.13) • Groups job titles by similar: • Content • Opportunity • Wage
• Foundation for remaining reports • Provides utilization of job group as of the plan date • Review diversity within job titles and groups © 2012 Peoplefluent
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Job Group Analysis
Excluded employees will not be included on this report but will show on separate Job Group Include and Exclude reports
Current Utilization of Protected class: Total Employees in Protected Class Total Employees in Job Group © 2012 Peoplefluent
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Calculating Goals Current Utilization
External Availability Internal Availability
Apply Tests
Analyze Current Employee Population
Derive Total Weighted Availability
Check for Underutilization
Establish Goals © 2012 Peoplefluent
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Incumbency vs. Availability (41 CFR 60-2.15) • Identify where the weight is distributed • Determine total availability • Consider all sources for placement
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Incumbency vs. Availability (41 CFR 60-2.15)
Availability is compared to utilization
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Placement Goals (41 CFR 2.16)
Goal Placement Rate **NOT A QUOTA**
To Do Develop actionoriented programs Involve recruiters Involve hiring managers © 2012 Peoplefluent
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Goal Attainment (41 CFR 60-2.17) Only job groups with a goal last year will appear on this report
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Compensation Review • Regular review • Maintain sufficient information on factors which influence pay • Prepare to correct any issues discovered
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AAP Narrative Components
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Females / Minorities Plans • EEO Policy Statement • Designation of Responsibility • Identification of Problem Areas • Internal Auditing and Reporting System • Action-Oriented Programs © 2012 Peoplefluent
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EEO Policy Statement • Update annually; sign the policy and date • Identify the hours and location where the veterans / disabled AAP plan can be viewed • Visible posting that allows for veterans to selfidentify • Post where applicants and employees can view © 2012 Peoplefluent
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Designation of Responsibility 41 CFR 60-2.17 (a) • EEO/AA coordinator • Managers and supervisors • Top executives
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EEO Coordinator Responsibilities • Abide by Executive Order 11246, Rehabilitation Act, VEVRAA • Ensure compliance with policies and postings • Help identify of AAP / EEO problems areas & effective solutions to AAP / EEO problems • Internal audit & reporting system • Company liaison to enforcement agencies © 2012 Peoplefluent
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Management Responsibilities
Ensure non discriminatory HR practices
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Top Executives As a signor of the EEO policy statement, he or she is instrumental in supporting the goals of the affirmative action plan and its support to overall EEO practices. © 2012 Peoplefluent
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Identification of Problem Areas Compensation • Incentive Management
Recruiting
Performance Management • Job Profiles • Goal Management and Appraisals
• Hiring workflows • Contingent • Salaried • Hourly • Disposition Codes • Data Management Techniques • Assessments
Succession Planning • Talent Assessment • Succession Pools © 2013 Peoplefluent
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Action-Oriented Programs • Develop strategy • Specific and resultoriented solutions • Implement & execute Good Faith Efforts
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Internal Auditing & Reporting • • • •
Goals Compensation Accessibility Management reports
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Under VEVRAA and Section 503 1. Review physical and mental job qualifications 2. Reasonable accommodations for persons with disabilities 3. Harassment Prevention and Prohibition Against Retaliation
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Online Application Selection Systems Ensure that employers using Internet systems for applications are compliant for accessibility for persons with disabilities
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Recommended Website Verbiage • In compliance with the Americans with Disabilities Act Amendment Act (ADAAA), if you have a disability and would like to request an accommodation in order to apply for a position with x company, please call xxx-xxxxxxx or e-mail
[email protected].
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Self-Identification Requirements Extend an invitation to voluntarily self-identify.
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Job Posting Requirement
Post jobs through job service for all openings.
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Non-Compliance with OFCCP
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OFCCP Enforcement of EEO Laws • • • • •
Compliance assistance Compliance evaluations Complaint investigations Not filing VETS-100/VETS-100A Bidding for contracts
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Enforcement Action • Termination of a federal contract or subcontract • Prohibit future federal contracts and subcontracts • Conciliation agreement (usually a 2 year term) • Continued oversight and scrutiny of recruiting and hiring practices by the OFCCP
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Key Areas of Focus Actionable Data. Audit Preparation.
Effective analysis & ongoing monitoring Report the right data to © 2013 Peoplefluent the right person
Measurable Good Faith Efforts © 2012 Peoplefluent
TrainingPrinciples of Affirmative Action │46
Upcoming In-Depth Principles of Affirmative Action Training Willowbrook, IL: March 11 & 12, 2013: Principles of Principles of Affirmative Action Irving, TX: July 15 & 16, 2013: Principles of Principles of Affirmative Action New Orleans, LA: Oct. 21 & 22, 2013: Principles of Principles of Affirmative Action Day 1 BUSINESS STRATEGY QUANTITATIVE ANALYSES – STATISTICAL REPORTS NARRATIVE COMPONENTS PERSONNEL TRANSACTIONS & TRACKING AFFIRMATIVE ACTION PROGRAM FOR INDIVIDUALS WITH DISABILITIES AFFIRMATIVE ACTION PROGRAM FOR VETERANS GOOD FAITH EFFORTS Day 2 I HAVE PLACEMENT GOALS, NOW WHAT? INTERNET APPLICANT I HAVE ADVERSE IMPACT, NOW WHAT? COMPENSATION OFCCP COMPLIANCE REVIEWS RECENT DEVELOPMENTS © 2012 Peoplefluent
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Thank You
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