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Affirmative Action Planning 101 for Employers
- 1. Affirmative Action 101: The Basics Presenters: Kaleigh Ferraro Madison Gray
- 2. 2 Agenda Laws & Regulations of Affirmative Action Who is covered? Who enforces? When? What is required? Miscellaneous Questions
- 3. Laws & Regulations Executive Order 11246 (Race, Gender, Sex, Religion or National Origin) Section 503 of the Rehabilitation Act of 1973 (Individuals with Disabilities) Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) 3
- 4. E. O. 11246 Prohibits federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. Requires Government contractors to engage in affirmative action for women and minorities. 4
- 5. Rehabilitation Act of 1973 Section 503: Prohibits discrimination against individuals with disabilities Requires employers to take affirmative action in all employment activities for qualified individuals with disabilities Requires employers to make reasonable accommodations for individuals with disabilities 5
- 6. VEVRAA Prohibits discrimination based on veteran status Requires covered federal government contractors and subcontractors to take affirmative action to employ and advance covered veterans in all employment decisions 6
- 7. Who is covered? Contractors – hold a contract directly with a federal government agency Subcontractors – hold any agreement with a federal contractor in which you supply goods or services that directly fulfill the prime contract 7
- 8. Who is covered? (cont.) Federal contract of $50,000 or more 50 or more employees Financial institutions that issue savings bonds Financial institutions that serve as depositories for federal funds 8
- 9. Who enforces? Office of Federal Contract Compliance Programs (OFCCP) Branch of the Department of Labor Enforces all AAP laws & regulations Select organizations for audit Investigate charges of discrimination Collect punitive and compensatory damages for non-compliance 9
- 10. When? Annual renewal of your AAP Plan date left to discretion of the federal contractor or subcontractor New contractors must prepare AAP within 120 days of contract date 10
- 11. What is required? AAP required for each location with 50 or more employees Women & Minorities Narrative portion Statistical reports Individuals with Disabilities & Covered Veterans Narrative portion 11
- 12. Women & Minorities: Narrative Commitment to EEO Responsible parties for implementation Identification of problem areas and action-oriented programs Internal auditing and reporting 12
- 13. Women & Minorities: Statistical Reports Employee data from a specific point in time Workforce analysis Job group analysis Availability analysis Incumbency compared to availability Placement goals Prior year goal attainment 13
- 14. Adverse Impact Analysis Analysis covers previous 12 months Hires/Offers vs. Applicants Promotions vs. Persons considered Terminations vs. Persons considered Involuntary Terminations vs. Persons considered 14
- 15. Hires/Offers vs. Applicants Hires/Offers: Individuals selected including those that rejected offers of employment Applicants: Individuals who were considered for a specific position 15
- 16. Promotions vs. Persons Considered Promotions: employment action resulting in higher pay, greater rank, skill or responsibility promotions should be competitive in nature and are the result of an initial vacant position Typically do not include career progressions Persons Considered: Individuals that apply or indicate interest in a vacant position 16
- 17. Terminations vs. Persons Considered Terminations: Includes voluntary and involuntary terminations Persons Considered: Compared to all persons who held positions throughout the year 17
- 18. Involuntary Terminations vs. Persons Considered Terminations: Includes involuntary terminations Persons Considered: Compared to all persons who held positions throughout the year 18
- 19. Compensation Analysis “Evaluate compensation systems to determine whether there are gender, race, or ethnicity based disparities” Compare males to females and minorities to non-minorities Look for disparities in pay and determine if women/minorities are concentrated in lower paying jobs 19
- 20. Individuals with Disabilities & Covered Veterans Narrative portion only Available for review upon request Included in narrative: Policy statement & dissemination of policy Responsible parties for implementation Review of personnel processes and training of personnel involved in employment decisions Reasonable accommodation 20
- 21. Individuals with Disabilities & Covered Veterans (cont.) Harassment Prevention Internal Auditing and Reporting System Review of physical and mental job qualifications 21
- 22. Miscellaneous EEO-1 VETS-100/VETS-100A Record Keeping Poster Requirements Job Posting Requirements 22
- 23. EEO-1 Used to collect the race, gender and ethnicity composition of your workforce by location Submitted annually Allow employees to self-identify Due September 30th Required by all employers with 100 or more employees & all federal contractors and subcontractors 23
- 24. VETS-100/VETS-100A Used to report covered veterans Submitted annually Due September 30th Allow employees to self-identify VETS-100: contracts entered into prior to December 1, 2003; $25,000 or more VETS-100A: contract entered into or modified on or after December 1 2003; $100,000 or more 24
- 25. Record Keeping AAP requirements: Current and previous year plans 2 years after last employment decision (applicants, hires, promotions, terminations, etc.) Preserve records for duration of employment investigations/audits 25
- 26. Poster Requirements Must post commitments under: E.O. 11246 Rehabilitation Act of 1973 VEVRAA Equal Employment Opportunity is the Law Memo from top site official regarding your company’s EEO/AAP policy 26
- 27. Job Posting Requirements Contractors are REQUIRED to post all open positions with the Employment Securities Commission (ESC) 3 exceptions to this requirement CAI encourages additional outreach efforts Example: Local Vocational Rehabilitation Office 27
- 29. Custom Narrative for Women & Minorities
- 30. Custom Narrative for Disabled & Veterans
- 33. CAI Services Offered (cont.) Additional CAI Services: Training (onsite available) EEO-1 Reporting assistance VETS-100/100A Reporting assistance OFCCP Audit Assistance AAP Self-audit assistance 29
- 34. Questions? 30
- 35. CAI Contact Information Main Number: 919-878-9222 Kaleigh Ferraro 919-713-5241 kaleigh.ferraro@capital.org Madison Gray 919-431-6087 madison.gray@capital.org 31
Editor's Notes
- Welcome everyone - Thank you for joining us todayPresenters – Kaleigh Ferraro, Affirmative Action Compliance ConsultantMadison Gray, Affirmative Action AnalystHigh-level overview of AAP, welcome any questions during the webinar, feel free to contact myself of Kaleigh after webinar for any company specific questions you may have
- *signed by President Johnson in 1965
- *examples for reasonable accommodations: flex schedules, supplying employees with devices such as screen reading software or large print keyboard labels*Tax incentives are available to help employers implement workplace accommodations.*JAN – Job Accommodation Network: offers free guidance on workplace accommodations and disability employment issues. – suggest visiting their website for questions
- Example of a prime contactor could be any company that holds a contract with the department of defense supplying ships, vehicles or electronic systemsExample of a subcontractor could be any company that supplies pieces to help build the ships, vehicles or electronic systems that are used by the dept. of defense
- *which means banks must abide by the laws governing affirmative action
- *OFCCP lead by Director PatriciaShiu
- *3 time periods to take in to consideration:1- Current plan year: Jan. 1, 2011 through Dec. 31, 2011 – this is the time period your current AAP covers2- Prior 12 months: Jan. 1, 2010 through Dec. 31, 2010 – this time period looks at your employment transactions and activities (hires, terminations and promotions)3- Snapshot of your current workforce at specific point/day in time – All employees on your payroll as of Dec. 31, 2010.I have discussed the laws that govern affirmative action as well as who enforces them and who must abide by them. At this time I will turn the presentation over to Kaleigh to discuss the requirements of the actual AAP.
- *All employees must be included: 3 Options for locations with fewer than 50 (Separate AAP, Roll employees into AAP in which supports the location from an HR function, Roll employees into AAP in which the location reports to)
- *Narrative (Communication tool – what the company does) - EEO Policy Statement (updated annually, signed & posted where emps & applicants can see, hours available for vets/disabled AAP, invitation for vets to self identify) - Designation of Responsibility for Implementation (EEO coordinator – responsible for implemt & monitoring – dev policy, identify prob areas, design internal audit & rptg, keep mgt informed, audit bulletin boards, liaison bt company and enforcement agencies, Mgrs – responsible to support EEO coordinator, ensure qualified indiv are treated in non-discrim manner, CEO – ultimate responsibility for AAP - Identification of Problem Areas (Goals – statistical and non-statistical) - Action Oriented Programs (Corrective actions for goals: review job descriptions, evaluation selection process, positive outreach, etc.) - Internal Audit & Reporting System (review personnel activities, compensation review, goal attainment, etc)
- *Snapshot is one day prior to plan date*These particular analysis cover the upcoming yearStatistical Reports: - WFA: Group by Dept, listing JTs, to identify under-representation/concentrations in JTs (notation for include/exclude employees) - JGA: groups with similar content, wages & opportunity (start at EEO category) - Availability Analysis: calculated to determine who is available for contractor to recruit – external (skills in labor force) & internal consideration (available for promotion) - Incumbency vs Availability: compare who is in contractors workforce to who is available - Annual Placement Goals: establish goals when contractor is below availability, Goals are percentages based on Availability calculations - Goal Attainment: Placements into JGs with goals, display if goal was met.
- *12 months prior to plan date*Compares selection rate of each group (males, females, minorities, non-minorities) to overall selection rate*Evaluation tool to determine if there are any indications of potential discrmination
- Internet Applicant Definition:Person submits expression of interest via internet or other electronic method (email, app tracking systems, resume database, job bank, etc)Contractor considers person for employment for a particular positionPerson has basic qualifications for considered positionPerson does not remove self from consideration
- *If no internal applicants, feeder groups can be used. Internal applicants recommended.
- *Track and include reason/justification for termination
- * CAI completes this analysis as a follow up if Adverse Impact is found when looking at all terminations.
- *OFCCP currently rescinding the 2006 comp guidelines that identified how the OFCCP would analyze compensation*CAI currently analyze at the job title level comparing seniority to average compensation*Item 11 of Scheduling Letter: annualized wages including bonuses, commissions, etc by salary rate/grade or level, total employees by race & gender, total compensation by race & gender.
- *Some discussion about adding statistical goals for Disabled. Notice for Proposed Rulemakeing changes for section 503 expected publication in Federal Register in August 2011.
- *In 2008 the reporting categories for veterans were revised to include disabled veterans, other protected veterans, armed forces service medal veterans, and veterans recently separated from military service (3 year separation instead of 1 year)
- *for 2011 you must keep 2011 AAP as well as 2010 AAP*we suggest your discard and AAPs prior to 2010*must retain any records for two years after the last employment decision was made*investigations could be with the OFCCP or the EEOC
- *Jobs that are at the senior executive level, jobs that will last only 3 days or less, and jobs that will only be filled from internal sources.*Outreach efforts for Veterans and Disabled Individuals have been a hot topic with the OFCCP recentlyAt this time I will turn the presentation over to Kaleigh to discuss the AAP services CAI offers.