Practical Strategies to Manage Your Good Faith Efforts Program
 

Practical Strategies to Manage Your Good Faith Efforts Program

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With the new Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act regulations, HR practitioners are seeking insight and solutions to support the ...

With the new Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act regulations, HR practitioners are seeking insight and solutions to support the increased data and reporting requirements.

Attend our complimentary webcast, "How to Manage Good Faith Efforts Stress Free" as we discuss how to easily drive Good Faith Efforts (GFE) as a strategy to not only meet increased regulations but also help fully integrate diversity into your organizational culture to drive strategic performance. Discover:

-An actionable Good Faith Efforts approach to impact outreach
-Effective reporting and record-keeping practices to align business managers to goals regarding veterans, persons with disabilities, females and minorities
-Tips and a tool to manage Good Faith Efforts by division, region, or title
-How to avoid non-compliance – sample conciliation agreements

Elevate your Good Faith Efforts program.

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    Practical Strategies to Manage Your Good Faith Efforts Program Practical Strategies to Manage Your Good Faith Efforts Program Presentation Transcript

    • 1Peoplefluent Confidential Practical Strategies to Maximize Your Good Faith Efforts Program Roy Zambonino, Sr. Solutions Consultant March 19, 2014
    • 2© 2014 Peoplefluent Peoplefluent Confidential Agenda   •  Definition of good faith efforts •  Current and future state of good faith requirements •  Best practices for action- oriented programs •  Consequences of non- compliance •  Q&A
    • 3© 2014 Peoplefluent Peoplefluent Confidential “Affirmative action refers to the aggressive recruitment programs, mentoring, training, and family programs that work to recruit and retain qualified individuals.“ Source: Office of Federal Contract Compliance Programs (OFCCP) website What is Affirmative Action?
    • 4© 2014 Peoplefluent Peoplefluent Confidential 41 CFR 60-2.17 - ADDITIONAL REQUIRED ELEMENTS OF AFFIRMATIVE ACTION PROGRAMS c) Action-oriented programs. The contractor must develop and execute action-oriented programs designed to correct any problem areas identified pursuant to §60–2.17(b) … Furthermore, a contractor must demonstrate that it has made good faith efforts to remove identified barriers, expand employment opportunities, and produce measurable results. Action-Oriented Programs
    • 5© 2014 Peoplefluent Peoplefluent Confidential Current Good-Faith Effort Requirements
    • 6© 2014 Peoplefluent Peoplefluent Confidential Good-Faith Efforts 1   Outreach     2   Recruitment   3   Training    
    • 7© 2014 Peoplefluent Peoplefluent Confidential Female and Minority AAP
    • 8© 2014 Peoplefluent Peoplefluent Confidential ●  Dissemination of Narrative ●  Dissemination of AA reports ●  Action-Oriented Programs ●  Internal Auditing ●  Training ●  Additional record-keeping requirements Female/Minority AAP Good-Faith Efforts
    • 9© 2014 Peoplefluent Peoplefluent Confidential Key Points: •  EEO Policy posted and updated annually (recommend signature) •  Update Identification of Problem Areas •  Update Action-Oriented Programs •  Managers should have access to & be required to read narrative annually •  Leverage existing document sharing capabilities to distribute plans efficiently AAP   Dissemination of Narrative
    • 10© 2014 Peoplefluent Peoplefluent Confidential Excl = Excluded from plan Incl = Included in plan Look for Potential Glass Ceiling Work Force Analysis
    • 11© 2014 Peoplefluent Peoplefluent Confidential Excl = Excluded from plan Incl = Included in plan Look for Potential Glass Ceiling Review: §  Is there a concentration of a particular gender and/or race/ethnicity in lower paying jobs §  Is there a glass ceiling? §  Do any departments appear segregated? Work Force Analysis
    • 12© 2014 Peoplefluent Peoplefluent Confidential Job Group Analysis Current Utilization of Protected class: Total Employees in Protected Class Total Employees in Job Group Excluded employees will not be included on this report but will show on separate Job Group Include and Exclude reports
    • 13© 2014 Peoplefluent Peoplefluent Confidential Job Group Analysis Current Utilization of Protected class: Total Employees in Protected Class Total Employees in Job Group Excluded employees will not be included on this report but will show on separate Job Group Include and Exclude reports Review •  Are their certain job titles that lack diversity? •  Confirm the job titles placed in the correct job groups •  Are their certain job groups which lack diversity?
    • 14© 2014 Peoplefluent Peoplefluent Confidential Incumbency vs. Availability Availability is compared to utilization
    • 15© 2014 Peoplefluent Peoplefluent Confidential Incumbency vs. Availability Availability is compared to utilization
    • 16© 2014 Peoplefluent Peoplefluent Confidential Incumbency vs. Availability Availability is compared to utilization Review •  For job groups that have goals, is all or most of the weight given to external recruiting? •  For job groups that don’t have goals, is all the weight or most of the weight given to internal movement? •  Is total availability for either group ‘0%’? •  Are all sources being considered (i.e. universities, vo-tech training program)?
    • 17© 2014 Peoplefluent Peoplefluent Confidential Placement Goals Goal Placement Rate **NOT A QUOTA** To Do •  Develop action- oriented programs •  Involve recruiters •  Involve hiring managers
    • 18© 2014 Peoplefluent Peoplefluent Confidential MUST BE SPECIFIC AND RESULTS ORIENTED Action-Oriented Programs
    • 19© 2014 Peoplefluent Peoplefluent Confidential Poor  Example   • “Company”  will  recruit  to   a=ract  females  for  all   areas  with  goals   Good  Example   • For  the  Upper  Level  Mgrs   job  group  where   “Company”  has  goals  for   Females,  “Company”  will   post  job  openings  within   the  publicaJon,  Female   MBA,  look  at  succession   list  from  Middle   Management  feeder  jobs   Specific and Results Oriented
    • 20© 2014 Peoplefluent Peoplefluent Confidential Recrui0ng   Source   Protected   Group  Focus   Contact   Name   Email   Phone  #   Date  contact   made   Hispanic   Engineer   Society   Minority   (Hispanic)   Jose   Velasquez   jvelasquez@h es.org   800-­‐555-­‐5555   1/3/14   1/30/14   NAACP   Minority   (African   American)   David  Jones   djones@naac p.org   800-­‐111-­‐1111   1/5/14   Times-­‐ Picayune   All  classes   Jennifer  Lee   jlee@tp.com   504-­‐111-­‐2233   1/3/14   League  for   Professional   Females   Female   Mary  Block   mblock@lpf.o rg   800-­‐222-­‐2222   1/12/14   Recruiter Log
    • 21© 2014 Peoplefluent Peoplefluent Confidential Sourcing Analysis
    • 22© 2014 Peoplefluent Peoplefluent Confidential Applicant Flow Data HiringProcess Good Faith Efforts Effectiveness Effectiveness Measurement Analysis & Reporting Recruitment Workforce Intelligence Corrective Action and Documentation
    • 23© 2014 Peoplefluent Peoplefluent Confidential Good Faith Efforts Dashboard Manage plans by status of activity
    • 24© 2014 Peoplefluent Peoplefluent Confidential Only job groups with a goal last year will appear on this report Goal Attainment
    • 25© 2014 Peoplefluent Peoplefluent Confidential Only job groups with a goal last year will appear on this report Goal Attainment Review •  Are there job groups which did not attain the goal? If so, discuss why and good faith efforts which took place. •  Are there groups which continue to have goals not met year after year? If so, why?
    • 26© 2014 Peoplefluent Peoplefluent Confidential ●  Were there offers made to underutilized class members but were declined? ●  Which GFEs took place during the monitoring period? ●  What were the results of GFEs? ●  Are there any obstacles that are keeping you from reaching the goal? (e.g. difficulty recruiting females for offshore positions) Good-Faith Efforts Reporting for Goal Attainment
    • 27© 2014 Peoplefluent Peoplefluent Confidential Hires Summary Review §  Applicant and hire reports for accuracy §  Correct information and re-run analysis if necessary §  Conduct step-analysis if adverse impact exists §  Investigate cause of adverse impact §  Correct issues
    • 28© 2014 Peoplefluent Peoplefluent Confidential Promotions Summary Review §  Check accuracy §  Investigate if persons who received promotions were indeed most qualified §  Adjust any practices as needed §  Were positions posted internally?
    • 29© 2014 Peoplefluent Peoplefluent Confidential Total Terminations Summary Review §  Separate Vol vs. Invol terminations and review analysis §  If adverse impact exists for involuntary, check if all employees are treated the same for same violations §  If adverse impact exists for voluntary, check exit interviews
    • 30© 2014 Peoplefluent Peoplefluent Confidential The audit and reporting process is designed to: 1.  Measure the effectiveness of the AAP/EEO program; 2.  Document personnel activities; 3.  Identify problem areas where remedial action is needed; and 4.  Determine the degree to which AAP goals and objectives have been obtained. Internal Audit and Reporting This is NOT a one-time reporting effort. Internal auditing is a year-round activity.
    • 31© 2014 Peoplefluent Peoplefluent Confidential 1. Decrease in employment claims 2. Meet “good faith effort” / “reasonable care” 3. Provides protection & litigation protection 4. Promotes professional work-environment 5. Employer “Good will” Training Risks of Not Training 1. No defense in audit, claim, or litigation 2. Financial burden 3. Unprofessional activities in the workplace No Training
    • 32© 2014 Peoplefluent Peoplefluent Confidential Document all training efforts throughout the year Training Documentation
    • 33© 2014 Peoplefluent Peoplefluent Confidential Additional Record Keeping Requirements
    • 34© 2014 Peoplefluent Peoplefluent Confidential ●  EEO-1 Reports (3 years) ●  EEO Policy Statement ●  Copy of job postings (external) ●  Pictures/letters of volunteer/outreach ●  Purchase order ●  Contract with EEO/AA references ●  Certificate of compliance ●  Letters to recruiting sources ●  Postings with state employment office External Dissemination Records to be Retained
    • 35© 2014 Peoplefluent Peoplefluent Confidential ●  Copy of newsletters featuring AA/EEO information or articles ●  Copy of employee handbook ●  Copy of HR manual ●  Copy of internal job postings ●  Pictures/letters of volunteer/outreach ●  Emails/letters regarding AA/EEO ●  Copy of training materials Internal Dissemination Records to Retain
    • 36© 2014 Peoplefluent Peoplefluent Confidential PHILANTHROPY GOOD FAITH EFFORTS How does the outreach tie in with increasing likelihood of female, minorities, individuals with disabilities and/or veterans entering the workforce? •  Scholarships for females to study chemical engineering •  Volunteer at local vo-tech school teaching a trade which your organization utilizes •  Partnering with disabled outreach organizations to train members to perform a job function at your facility •  Offering internships with historically black colleges •  Partnering with homeless veteran organization to volunteer with teaching computer skills and interview skills
    • 37© 2014 Peoplefluent Peoplefluent Confidential •  Centrally accessible folders to maintain relevant documents •  Ensure your provide secure area for every stakeholder to store and access necessary documents Document Management
    • 38© 2014 Peoplefluent Peoplefluent Confidential Veterans and Individuals with Disabilities AAP
    • 39© 2014 Peoplefluent Peoplefluent Confidential ●  Outreach/recruitment ●  Recruitment logs ●  Post jobs with state employment office ●  Procedure for accommodation request ●  List of accommodation requests and outcome (disabled/disabled veterans) ●  Review of job requirements for compliance with ADA ●  Self-identification form ●  VETS-100A (3 years) ●  Review of web accessibility ●  Narrative Good-Faith Efforts/Record Retention for Veterans and Disabled
    • 40© 2014 Peoplefluent Peoplefluent Confidential ● Accommodation instructions to apply prominent on the website ● Instructions sent to interviewees with accessibility directions to the building and any information to set up arrangements for accommodations (e.g. interpreter, extra time for a test) ● Hosting on-line career fairs which are accessible ● Highlight on job advertisements that company welcomes individuals with disabilities/feature individuals with disabilities in advertisements with pictures ● Properly train interviewers on how to interact with applicants with disabilities (ADA/Section 503) ● Inclusion training regarding individuals with disabilities Good-Faith for Individuals with Disabilities
    • 41© 2014 Peoplefluent Peoplefluent Confidential Date of request Name Applicant or Employee Request Made Date Applicant/ Employee Notified Outcome 1/2/14 John Doe Applicant Sign language Interpreter present for interview 1/2/14 John Doe provided SL interpreter for interview conducted 1/5/14 1/3/14 Jane Doe Employee Ergonomic chair for back injury 1/5/14 Upon receiving dr. verification of back condition, granted chair – cost $2500 (Jane Doe) Sample Accommodation Log
    • 42© 2014 Peoplefluent Peoplefluent Confidential Veterans and individuals with disabilities Recruiting Sources
    • 43© 2014 Peoplefluent Peoplefluent Confidential Career One Stop Centers
    • 44© 2014 Peoplefluent Peoplefluent Confidential
    • 45© 2014 Peoplefluent Peoplefluent Confidential https://www.eeosource.com
    • 46© 2014 Peoplefluent Peoplefluent Confidential Consequences of Non-Compliance
    • 47© 2014 Peoplefluent Peoplefluent Confidential 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
    • 48© 2014 Peoplefluent Peoplefluent Confidential §  Cargill  believed  it  did  not  discriminate,  but  se=led  to  avoid   the  cost,  disrupJons  and  uncertainty  of  lengthy  liJgaJon   §  OFCCP  uses  a  mathemaJcal  model  to  allege  violaJons  in  the   absence  of  evidence Discrimination Settlements
    • 49© 2014 Peoplefluent Peoplefluent Confidential Who Case Result OFCCP Cases Ability to NavigateCargill Meat Solutions (1/22/2014) §  $2.2M back wages and interest §  2959 applicants §  Hiring discrimination based on sex and race §  Agree to extensive self-monitoring measures Ability to NavigateCream-O-Land Dairy, Inc. (12/23/2013) §  $325,00 back wages, interest and benefits §  227 applicants §  Hiring discrimination based on sex and race §  Agree to extensive self- monitoring measures plus minimum of $10,000 for training Ability to NavigateM.C. Dean (10/30/2013) §  $875,000 back wages and interest §  381 applicants §  Hiring discrimination based on race §  Agree to extensive self-monitoring measures and personnel training
    • 50© 2014 Peoplefluent Peoplefluent Confidential Final Thoughts……. ●  Analyze your plans and determine a strategy early in plan year ●  Implement strategy and monitor progress ●  Document your activities! ●  Be sure you have visibility into activities across the organization ●  Consolidate all documentation in one area or system if possible – consistency is key ●  Make it as easy as possible for recruiters and hiring managers to contribute to the documentation process ●  Leverage existing resources to enhance your overall program
    • 51© 2014 Peoplefluent Peoplefluent Confidential Thank You!