Affirmative action policies require employers with federal contracts over $10,000 to promote equal opportunity and prevent discrimination based on race, color, religion, sex or national origin. They must develop affirmative action plans and take steps to expand job opportunities for women and minorities. If employers do not comply, penalties may include canceling contracts, debarment from future contracts, and court-ordered changes to hiring practices or affirmative action plans.

1. Affirmative Action Presented by: Sharon Waterson and Dawn Stanton

2. Statutory Basis Federal contracts or subcontracts worth $10,000 or more OR 50 or more employees and contracts worth $50,000 or more OR are a construction contractor or subcontractor with a federal or federally assisted contract valued at more than $10,000. Contractor will not discriminate against any employee or applicant Race Color Religion Sex National Origin 2

3. Contractor will take Affirmative Action Actions may include but are not limited to: Employment Promotion Demotion Transfer Recruitment Layoff or termination Rates of pay Selection for training 3

4. 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. 4

5. History The actual phrase "affirmative action" was first used in President John F. Kennedy's 1961. The first committee is established for Equal Employment Opportunity 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 "public accommodations" and race and sex discrimination in employment, respectively 5

6. 1965, Executive Order 11246 enforces Affirmative Action for the first time In 1967, Johnson expanded the Executive Order to include affirmative action requirements to benefit women 1980 – Affirmative Action is hotly debated 6

7. What is it? 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. 7

8. Specifications of the law Promote equal opportunity Illegal to discriminate Engage in Affirmative Action Wisconsin-does not have state-specific affirmative action requirements for private employers. State agencies are required to comply with affirmative action requirements at WI adm. Code section 296.01 10

9. Requirement of employers Develop and implement a written Affirmative Action Plan Post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of the nondiscrimination clauses Include statements in subcontracts or purchase orders Furnish requested information and open records for purposes of investigation to ensure compliance 22

10. Reporting Develop and implement internal auditing systems Internal reporting on a scheduled basis to measure effectiveness of plan Review report results with all levels of management Advise top management of the program’s effectiveness and submit recommendations for improvement 25

11. Successful Discrimination Claim Organize workplace affinity groups Include diverse actors in advertising and commercials Hold workshops Institute formal procedures to handle complaints Closely monitor the progress to handle complaints Tie performance reviews of managers to their measurable support for diversity inclusion Organize business networking groups Hold management diversity training Provide mentors for diverse employees 12

12. Have a chief diversity officer who reports directly to the chief executive officer Have various employees in diversity focus on single issues Have diverse board of directors Take the direct approach Build diversity into everything the employer does Have scholarship and internship programs Make personal phone calls and follow up with diverse applications Review workplace policies and practices Inclusion in affirmative action programs are race, sex, ethnic origin, religion, disability, and age 14

13. Investigation Complaints can be made to the OFCCP Judicial Affirmative Action- Affirmative action ordered by a court as a remedy for discrimination found by the court to have occurred 27

14. Penalties May include: Requiring changes in the affirmative action plan, company procedures, or hiring and pay practices Canceling, terminating, or suspending a contract Debarring the contractor from future government contracts

15. Value and Benefits Social, economic, and technological benefits Expanding cultural diversity at the work-place Increased emphasis on quality and team-work 30

16. Scenario #1 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)

17. Scenario #2 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)

18. Scenario #3 The employees win. Plans should not displace nonminority employees or permit employees to hold positions that they are not qualified for.

19. Sources Employment Law for Business, sixth edition http://www.now.org/nnt/08-95/affirmhs.html http://www.oeod.uci.edu/aa.html http://www.dol.gov/ofccp/regs/compliance/fs11246.htm http://www.employersassoc.com/HRCompliance/AffirmativeActionPlans/tabid/197/Default.aspx https://www.prospera.com/Reference/ViewContent.aspx?topickey+100004&doctype=1%pagekey=540702 47

20. Questions? 49