affirmative action basics jeremy mancheski june 11, 2014
TRANSCRIPT
AFFIRMATIVE ACTION BASICS
JEREMY MANCHESKIJUNE 11, 2014
OVERVIEW
OutSolve Services Regulations and Enforcement Affirmative Action Plan (AAP) Components Additional Requirements Your Role in AAP Process Monitoring Obligations Audits What’s to come…
OUTSOLVE SERVICES
Affirmative Action Plan Preparation
“Monitoring Reports”
EEO-1 & VETS100/100A Reports (3rd Quarter)
Audit Support• Comprehensive Submittal Binder• Adverse Impact Analyses• Progress Toward Goals• Compensation Data
OUTSOLVE SERVICES (CONTINUED)
Unlimited Telephone Consulting Support
Outreach Sources
Affirmative Action Solutions Booklet (Client Website)
Webinar Training
On-Site Training
Free Annual Training in New Orleans, LA
REGULATIONS AND ENFORCEMENTOFCCP = Office of Federal Contract Compliance Programs
OFCCP conducts compliance evaluations (i.e., audits) to determine whether a contractor is complying with its obligation to maintain nondiscriminatory employment practices.
OFCCP Enforces:
1. Executive Order 11246
2. Section 503 of the Rehabilitation Act of 1973*
3. Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA/Section 4212) *
* Changes Pending
REGULATIONS AND ENFORCEMENT
OFCCPs Focus Veterans Outreach
Disabled Outreach
Adverse Impact in Hiring Process
Compensation Differences
Recordkeeping
http://www.dol.gov/ofccp
REGULATIONS AND ENFORCEMENT
Who is required to prepare an AAP?
50 employees/$50,000 Federal contracts or subcontracts
Government bills of lading totaling $50,000 or more in 12 months
Depository of government funds
Financial institution issuing or paying U.S. savings bonds or notes
REGULATIONS AND ENFORCEMENT
Consequences of Non-Compliance
Bad press• OFCCP audit findings are public• Findings of alleged discrimination create a poor
impression of employers
Lawsuits• Costly and burdensome
Debarment from Federal Contracts• Debarment is published online https://www.epls.gov/
Less costly to handle compliance prior to an audit
AAP COMPONENTSPlan Narrative Separate written plan for Women/Minorities &
Veteran/Disabled
Establishes responsibility for the program• Top Official Named• EEO Administrator Named
Discusses policies and procedures
AAP COMPONENTSPlan Narrative (continued) Women/Minority Narrative
Internal & External Dissemination of EEO Policy Establishment of Responsibility for Implementation of the Plan Development & Execution of Action-Oriented Programs Internal Audit and Reporting System
Veteran/Disabled Narrative** Identification and Responsibilities of EEO/AA Administrator Internal & External Dissemination of Policy Review of Personnel Processes Physical and Mental Job Qualifications Reasonable Accommodation Harassment Prevention Audit and Reporting System Training to Ensure AAP Implementation** Current regulations do not require statistical analyses for Veteran/Disabled
AAP COMPONENTSStatistical AnalysisThe remaining sections of your plan will follow this simple
analysis:
How You Compare(Utilization Analysis)
What You Should Have
(Availability)What You Have
(Current Employees)
AAP COMPONENTS
Workforce Analysis
Depicts departmental structure
Jobs listed from lowest to highest paid
Each Job will give employee counts with breakdown of the Race/Gender
No real “Analysis” being conducted here
AAP COMPONENTS
Job Group Analysis
Job Group is defined as jobs within the same EEO classification at an establishment having similar:
ContentWage RatesOpportunities
What You Have
(Current Employees)
AAP COMPONENTS
Availability Analysis
Two Factor Analysis
1. External - % available outside the organization within the Reasonable Recruitment Area (RRA)
2. Internal - % available within the organization (promotable/trainable)
What You Should Have
(Availability)
AAP COMPONENTS
Utilization Analysis
Key component & final result of an AAP
Compares employment to availability
Goals are set at availability
**Goals DO NOT Equal Quotas**
How You Compare
(Utilization Analysis)
ADDITIONAL REQUIREMENTS Applicants should be asked to complete a Voluntary Self-Identification
Form
Upon job offer, invite new hire to self-id as individual with a disability
or covered veteran
Post external job openings with the State (except Exec/Temp)
Post external job openings with diverse recruiting sources
Audit records that are being maintained
Posters (EEO is Law, EEO Policy Statement, other state specific
postings, etc.)
Reference EOE tagline in job postings
Conduct Compensation & Adverse Impact Analysis
ADDITIONAL REQUIREMENTS (CONT.)
Establish a process for reasonable accommodations requests
Ensure accessibility to online application system for individuals
with disabilities
Include Equal Opportunity language on Purchase Orders/Sub-
Contract reference
Train management/supervisory personnel and recruiters about
EEO/AA goals and obligations
Create relationships with local and community action programs
YOUR ROLE IN AAP PROCESS
Preparation and Dissemination• Working with OutSolve to develop structure• Communicating plans with stakeholders
Rest of HR plays a major role• Ensuring accuracy of employment data• Ensuring records are being maintained• Addressing Underutilization and Adverse Impact• Conducting Good Faith Outreach• Training managers on AAP responsibilities
MONITORING REPORTS
Required components of an AAP
An annual review of selections• Adverse Impact Analysis• Progress Toward Goals Report
Provided to OFCCP during Compliance Reviews (Audits)
ADVERSE IMPACT ANALYSIS
What is Adverse Impact? A substantially different rate of selection in employment Employment decisions that adversely affects a protected group Prima facie evidence of discrimination Includes almost any employment decision Analyze selections made during the year
• Hires vs. Applicants**• Promotions• Terminations
Adverse Results• Research selections with impact• Document findings and resolutions
** Applicant Definition defined…
APPLICANT DEFINITION
Candidate must meet the following criteria to be considered an “Applicant”:
1. Expression of Interest,
2. Contractor considers,
3. Meets the Minimum Qualifications, and
4. Continued Interest
Adverse Impact AnalysisSample Adverse Impact
Observations
• Job Group 5C has the same number of applicants as hires – this is a red flag during an audit.
• Job Group 7A has 45 hires but zero applicants – this is a red flag during an audit.
• Job Group 7B has adverse impact against minorities – this a red flag during an audit.
PROGRESS TOWARD GOALS REPORT
Job representation in prior year’s AAP
Opportunities = Hires + Promotions
Job representation in current AAP
Goal attained?
Refocus Outreach efforts
AUDITS
Random Draw?
Corporate Scheduling Announcement Letter
(CSAL)
Official “Scheduling Letter” – Desk Audit• 11 items requested (currently)• 30 days to respond• Follow up questions• Possible onsite visit
Closure Letter/Conciliation Agreement
AUDITS (CONTINUED)
Audits have been on the rise the past few years …. Expect more!
The New OFCCPBigger budgetMore Compliance OfficersMore enforcementGranular in scope
