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Affirmative Action

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Affirmative Action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans. Affirmative Actions include training …

Affirmative Action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans. Affirmative Actions include training programs, outreach efforts, and other positive steps. These procedures should be incorporated into the company’s written personnel policies. Employers with written Affirmative Action programs must implement them, keep them on file and update them annually.

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  • 1. Affirmative Action
  • 2. Affirmative ActionI. OFCCP and EEOC • What is the OFCCP? • What is the EEOC?II. Affirmative Action • What is Affirmative Action? • Who Needs an Affirmative Action Plan? • What are the Elements of an Affirmative Action Plan? • Job CategoriesIII. Recruiting • Applicants/Resume Mining • Invitation to Self Identify
  • 3. What is the OFCCP? The Office of Federal Contract Compliance ProgramsWhat are the OFCCPs Responsibilities? Prohibits Federal Contractors/Subcontractors from discriminating based on: -Race - Color -Religion -Sex - National Origin -Disability - Protected Veteran Status
  • 4. What is the EEOC?The Equal Employment Opportunity CommissionWhat are the EEOC’s responsibilities?Enforce Federal laws regarding discrimination against anemployee or applicant for the following:-Race - Color - Religion-National Origin -Disability - Genetic Information-Age - Sex (including pregnancy)
  • 5. Affirmative ActionWhat is Affirmative Action?•The process by which employers identify shortfalls ofminorities and women in their workforce•Corrective action to remedy shortfalls is essential to prevent adverse impact among protected classes•System to monitor good-faith efforts to embrace diversity Affirmative Action is NOT a quota system!
  • 6. Affirmative ActionDoes my company need an Affirmative ActionPlan?If you meet any of the following: •Federal contractor or subcontractor with 50 or more employees and $50,000 or more in government contracts during a 12-month period •A depository of government funds in any amount •An issuing of paying agent for US savings bonds and notes
  • 7. Affirmative ActionQ. Do I need to include companies owned by the control group, or just the group that has reached 50?A. Federal Tax IDs are separate; only file for the company that has reached 50.Q. If we have multiple locations, do we have separate reports for each?A. It is voluntary. Companies could have individual reports for each location (even those without 50) however companies typically use one location and file one report, where their HR
  • 8. Affirmative ActionWhat are the elements of an AAP?• Narratives, and statistical analysis of the previous 12-month periodRequired OFCCP Statistical reports that include:• Workforce analysis or organizational profile• Job Group Analysis• Availability Analysis• Utilization Analysis• Goals for the plan yearRequired OFFCP Narrative reports that include:• Steps to designate EEO/AAP responsibility• Identification of problem areas• Assurance of action oriented programs for problem areas• Self-audit system to monitor actives for disparate treatment
  • 9. Affirmative ActionWho collects the data for the AAP?HR Department / Payroll Department / Recruiting• Verify job titles• Provide applicant tracking information• Perform analysis• Outline the problem areas• Generate the Affirmative Action Plan
  • 10. Affirmative ActionQ. If an AAP has not been completed, can you go back and complete for the previous year to be compliant?A. Yes, since there is no submission date you can go back to the previous year(s) as necessary.Q. If the OFCCP audits a company, and an AAP has never been completed, what can happen?A. The OFCCP may prosecute the company, to include criminal proceedings, suspense of payments from the Government and termination of contracts or subcontracts.
  • 11. Affirmative Action: Job CategoriesEach job title must have a EEO job code. This code will be used todetermine EEO shortfalls and/or goals for the upcoming year.It is imperative that the EEO job code/category is correct uponhire, and is updated as necessary as employees are promoted intonew jobs or have a change in title/duties.
  • 12. RecruitingThe OFCCP requires ALL Federal contractors andsubcontractors establish a minimum standard for miningresumes and application record keeping related to theinternet and other technologiesAlso requires that Federal contractors and subcontractorscomply with the laws and regulations regardingnondiscrimination and affirmative action in employment.
  • 13. RecruitingWhat is an “Applicant”?• Candidate submits a resume• Recruiter reads resumes• Recruiter determined basic qualifications are met• Candidate does not removes themselves from the positionWhat type of technology can be used to internet mine?• Electronic Mail (email)• Resume Databases• Job banks• Applicant tracking systems/Applicant Service Provider• Electronic Scanning Technology
  • 14. RecruitingQ. How long must a company keep internet sourced resumes, and how long must internet search strings be kept?A. 2 years if 150+ employees. 1 year if less than 150 employees.However, recommend keeping all resumes for 2 years regardless of company size, because an audit will require supporting records for 2 years.
  • 15. RecruitingQ. When is a company required to send out a Self-ID form?•When an applicant meets the minimum qualifications.Q. Why is a candidate asked to complete the Invitation to SelfIdentify?A. Used in various compliance reports: EEO-1, VETS-100, andAAPsIf the candidate does not complete the form, regulation statesthat a third party can make a visual assessment and indicatethe data on the applicant flow log.
  • 16. Contact InformationLinda Slack703-444-0096lindas@c2essentials.comwww.c2essentials.com