Affirmative action.ppt

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  • This slide is pretty straight forward.
  • Affirmative Action of employers is to be sure that all employees and applicants are being treated without regard to race, color, religion, sex or national origin. Examples of affirmative actions that employers may take or need to consider include, but are not limited to, this list.
  • If a court find that an employer intentionally engaged in unlawful activity, they can order affirmative actions as appropriate such as reinstating or hiring employees that they feel is appropriate.
  • There was a hot debate between Presidents and the federal agencies that were to enforce the provisions. This confused employers who then hired the number of minorities/women to avoid disparate impact and protect themselves. Many employees saw the program as filling “quotas”.
  • This is the definition from the book on page 215. I like it the best because it is referring to employment, points out that the group must be disadvantaged to begin with, and the outcome should reflective the availability from the geographic area that they are drawn from. Includes expanding outreach, recruitment, mentoring, training, management development and other programs.
  • The employer will agree not to discriminate and to engage in affirmative action if it is found to be needed. The OFCCP is under the Department of Labor and monitors this requirement for federal contractors. Compensatory and punitive damages are available remedies for companies who illegally discriminate.
  • When making decision, managers are not required to hire a person who lacks the qualifications but to make the decision in a non-discriminatory manner. Plans include policies, practices and procedures to be sure that all qualified applicants and employees are receiving equal opportunities. A written plan is defined as a set of specific and results-oriented procedures to which a contractor commits itself to apply every good faith effort.
  • Companies must develop a written affirmative action plan within 120 days of beginning a contract. These plans monitor underutilization in the workforce. These plans include an organizational profile which shows the staffing patterns, a job group analysis which combines job titles based on similar content, wage rates and opportunities. The analysis is compared to minorities within the job groups to “qualified” minorities available. If a group is found to be underutilized, a placement goal is set to correct. Under-utilization is having fewer minorities or women in a particular job group than would reasonably be expected by their availability. Audits are conducted by the Office of Federal Contract Compliance Programs (OFCCP) to determine compliance with regulations and providing equal employment opportunities.
  • Employers need to take action to outreach to groups for recruitment, mentoring, management, training, development and hiring. These programs in addition your written plan with statistics, identified problem areas if any and placement goals to protect issues will give much needed to support to show the employer had good faith in preventing discrimination in the workplace.
  • Complaints must be filed within 180 days from the date of the alleged discrimination, although filing time can be extended for a good reason. OFCCP attempts to work with the contractor, often entering into a conciliation agreement. A conciliation agreement may include back pay, job offers, seniority credit, promotions or other forms of relief for victims of discrimination. It may also involve new training programs, special recruitment efforts or other affirmative action measures. When conciliation efforts are unsuccessful, OFCCP refers the case to the Office of the Solicitor for enforcement through administrative enforcement proceedings. A contractor cited for violating EEO and affirmative action requirements may have a formal hearing before an administrative law judge. If conciliation is not reached before or after the hearing, sanctions may be imposed. For example, a contractor could lose its government contracts or subcontracts or be debarred, i.e., declared ineligible for any future government contracts.
  • Valuing diversity- As stated on page 241, Learn to accept and appreciate those who are different from the majority and value their contributions to the workplace. Train managers the importance and impact discrimination has on a company.
  • Affirmative action.ppt

    1. 1. Affirmative Action Presented by: Sharon Waterson and Dawn Stanton
    2. 2. Statutory Basis <ul><li>Federal contracts or subcontracts worth $10,000 or more </li></ul><ul><li>OR 50 or more employees and contracts worth $50,000 or more </li></ul><ul><li>OR are a construction contractor or subcontractor with a federal or federally assisted contract valued at more than $10,000. </li></ul><ul><li>Contractor will not discriminate against any employee or applicant </li></ul><ul><ul><li>Race </li></ul></ul><ul><ul><li>Color </li></ul></ul><ul><ul><li>Religion </li></ul></ul><ul><ul><li>Sex </li></ul></ul><ul><ul><li>National Origin </li></ul></ul>2
    3. 3. <ul><li>Contractor will take Affirmative Action </li></ul><ul><li>Actions may include but are not limited to: </li></ul><ul><ul><li>Employment </li></ul></ul><ul><ul><li>Promotion </li></ul></ul><ul><ul><li>Demotion </li></ul></ul><ul><ul><li>Transfer </li></ul></ul><ul><ul><li>Recruitment </li></ul></ul><ul><ul><li>Layoff or termination </li></ul></ul><ul><ul><li>Rates of pay </li></ul></ul><ul><ul><li>Selection for training </li></ul></ul>3
    4. 4. <ul><li>A federal AAP must include the required provisions for women, minorities, qualified individuals with disabilities, and covered veterans. As of September 2007, covered veterans include disabled veterans, recently separated veterans, other protected veterans as defined by law, and armed forces service medal veterans. </li></ul>4
    5. 5. History <ul><li>The actual phrase &quot;affirmative action&quot; was first used in President John F. Kennedy's 1961. The first committee is established for Equal Employment Opportunity </li></ul><ul><li>Other equal protection laws passed to make discrimination illegal were the 1964 Civil Rights Act , Title II and VII of which forbid racial discrimination in &quot;public accommodations&quot; and race and sex discrimination in employment, respectively </li></ul>5
    6. 6. <ul><li>1965, Executive Order 11246 enforces Affirmative Action for the first time </li></ul><ul><li>In 1967, Johnson expanded the Executive Order to include affirmative action requirements to benefit women </li></ul><ul><li>1980 – Affirmative Action is hotly debated </li></ul>6
    7. 7. What is it? <ul><li>Affirmative Action involves the employer taking steps to expand job opportunities in an effort to bring qualified women and minorities (or other underrepresented groups) in a work place from which it has been determined that they are excluded, in order to make the workplace more reflective of their availability in the workforce from which the employees are drawn. </li></ul>7
    8. 8. Specifications of the law <ul><ul><li>Promote equal opportunity </li></ul></ul><ul><ul><li>Illegal to discriminate </li></ul></ul><ul><ul><li>Engage in Affirmative Action </li></ul></ul><ul><ul><li>Wisconsin-does not have state-specific affirmative action requirements for private employers. </li></ul></ul><ul><ul><ul><li>State agencies are required to comply with affirmative action requirements at WI adm. Code section 296.01 </li></ul></ul></ul>10
    9. 9. Requirement of employers <ul><li>Develop and implement a written Affirmative Action Plan </li></ul><ul><li>Post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of the nondiscrimination clauses </li></ul><ul><li>Include statements in subcontracts or purchase orders </li></ul><ul><li>Furnish requested information and open records for purposes of investigation to ensure compliance </li></ul>22
    10. 10. Reporting <ul><li>Develop and implement internal auditing systems </li></ul><ul><li>Internal reporting on a scheduled basis to measure effectiveness of plan </li></ul><ul><li>Review report results with all levels of management </li></ul><ul><li>Advise top management of the program’s effectiveness and submit recommendations for improvement </li></ul>25
    11. 11. Successful Discrimination Claim <ul><li>Organize workplace affinity groups </li></ul><ul><li>Include diverse actors in advertising and commercials </li></ul><ul><li>Hold workshops </li></ul><ul><li>Institute formal procedures to handle complaints </li></ul><ul><li>Closely monitor the progress to handle complaints </li></ul><ul><li>Tie performance reviews of managers to their measurable support for diversity inclusion </li></ul><ul><li>Organize business networking groups </li></ul><ul><li>Hold management diversity training </li></ul><ul><li>Provide mentors for diverse employees </li></ul>12
    12. 12. <ul><ul><li>Have a chief diversity officer who reports directly to the chief executive officer </li></ul></ul><ul><ul><li>Have various employees in diversity focus on single issues </li></ul></ul><ul><ul><li>Have diverse board of directors </li></ul></ul><ul><ul><li>Take the direct approach </li></ul></ul><ul><ul><li>Build diversity into everything the employer does </li></ul></ul><ul><ul><li>Have scholarship and internship programs </li></ul></ul><ul><ul><li>Make personal phone calls and follow up with diverse applications </li></ul></ul><ul><ul><li>Review workplace policies and practices </li></ul></ul><ul><ul><li>Inclusion in affirmative action programs are race, sex, ethnic origin, religion, disability, and age </li></ul></ul>14
    13. 13. Investigation <ul><li>Complaints can be made to the OFCCP </li></ul><ul><li>Judicial Affirmative Action- Affirmative action ordered by a court as a remedy for discrimination found by the court to have occurred </li></ul>27
    14. 14. Penalties <ul><li>May include: </li></ul><ul><ul><li>Requiring changes in the affirmative action plan, company procedures, or hiring and pay practices </li></ul></ul><ul><ul><li>Canceling, terminating, or suspending a contract </li></ul></ul><ul><ul><li>Debarring the contractor from future government contracts </li></ul></ul>
    15. 15. Value and Benefits <ul><ul><li>Social, economic, and technological benefits </li></ul></ul><ul><ul><li>Expanding cultural diversity at the work-place </li></ul></ul><ul><ul><li>Increased emphasis on quality and team-work </li></ul></ul>30
    16. 16. Scenario #1 <ul><li>Yes.  Section 706(g) of Title VII of the Civil Rights Act of 1964 allows for the court order affirmative action and equitable relief as they feel is appropriate.  (Bottom of page 208) </li></ul><ul><li>  </li></ul>
    17. 17. Scenario #2 <ul><li>Yes.  The employer should look at their organizational profile to get a view of their workforce.  They would then need to conduct an availability analysis to research if there are qualified minorities and women in the geographic area that they would recruit from.  If the percentage of the workforce is less than the percentage availability of qualified minorities and women, the employer would need to determine a placement goal.  The employer is not required to hire under qualified employees regardless, but to have the affirmative action plan in place to provide the opportunities to all in a nondiscriminatory manner. (pages 228-229) </li></ul> 
    18. 18. Scenario #3 <ul><li>The employees win. Plans should not displace nonminority employees or permit employees to hold positions that they are not qualified for. </li></ul>
    19. 19. Sources <ul><li>Employment Law for Business, sixth edition </li></ul><ul><li>http://www.now.org/nnt/08-95/affirmhs.html </li></ul><ul><li>http://www.oeod.uci.edu/aa.html </li></ul><ul><li>http://www.dol.gov/ofccp/regs/compliance/fs11246.htm </li></ul><ul><li>http://www.employersassoc.com/HRCompliance/AffirmativeActionPlans/tabid/197/Default.aspx </li></ul><ul><li>https://www.prospera.com/Reference/ViewContent.aspx?topickey+100004&doctype=1%pagekey=540702 </li></ul>47
    20. 20. <ul><li>Questions? </li></ul>49

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