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Affirmative Action 101: The Basics,[object Object],Presenters: Kaleigh Ferraro,[object Object],Madison Gray,[object Object]
2,[object Object],Agenda,[object Object],Laws & Regulations of Affirmative Action,[object Object],Who is covered? Who enforces?,[object Object],When?,[object Object],What is required?,[object Object],Miscellaneous,[object Object],Questions,[object Object]
Laws & Regulations,[object Object],Executive Order 11246 (Race, Gender, Sex, Religion or National Origin) ,[object Object],Section 503 of the Rehabilitation Act of 1973 (Individuals with Disabilities),[object Object],Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA),[object Object],3,[object Object]
E. O. 11246,[object Object],Prohibits federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. ,[object Object],Requires Government contractors to engage in affirmative action for women and minorities. ,[object Object],4,[object Object]
Rehabilitation Act of 1973,[object Object],Section 503:,[object Object],Prohibits discrimination against individuals with disabilities,[object Object],Requires employers to take affirmative action in all employment activities for qualified individuals with disabilities,[object Object],Requires employers to make reasonable accommodations for individuals with disabilities,[object Object],5,[object Object]
VEVRAA,[object Object],Prohibits discrimination based on veteran status ,[object Object],Requires covered federal government contractors and subcontractors to take affirmative action to employ and advance covered veterans in all employment decisions,[object Object],6,[object Object]
Who is covered?,[object Object],Contractors – hold a contract directly with a federal government agency,[object Object],Subcontractors – hold any agreement with a federal contractor in which you supply goods or services that directly fulfill the prime contract,[object Object],7,[object Object]
Who is covered? (cont.),[object Object],Federal contract of $50,000 or more,[object Object],50 or more employees,[object Object],Financial institutions that issue savings bonds,[object Object],Financial institutions that serve as depositories for federal funds,[object Object],8,[object Object]
Who enforces?		,[object Object],Office of Federal Contract Compliance Programs (OFCCP),[object Object],Branch of the Department of Labor,[object Object],Enforces all AAP laws & regulations,[object Object],Select organizations for audit,[object Object],Investigate charges of discrimination,[object Object],Collect punitive and compensatory damages for non-compliance,[object Object],9,[object Object]
When?,[object Object],Annual renewal of your AAP,[object Object],Plan date left to discretion of the federal contractor or subcontractor,[object Object],New contractors must prepare AAP within 120 days of contract date,[object Object],10,[object Object]
What is required?,[object Object],AAP required for each location with 50 or more employees,[object Object],Women & Minorities,[object Object],Narrative portion,[object Object],Statistical reports,[object Object],Individuals with Disabilities & Covered Veterans,[object Object],Narrative portion,[object Object],11,[object Object]
Women & Minorities: Narrative,[object Object],Commitment to EEO,[object Object],Responsible parties for implementation,[object Object],Identification of problem areas and action-oriented programs,[object Object],Internal auditing and reporting,[object Object],12,[object Object]
Women & Minorities: Statistical Reports,[object Object],Employee data from a specific point in time,[object Object],Workforce analysis,[object Object],Job group analysis,[object Object],Availability analysis,[object Object],Incumbency compared to availability,[object Object],Placement goals,[object Object],Prior year goal attainment,[object Object],13,[object Object]
Adverse Impact Analysis,[object Object],Analysis covers previous 12 months,[object Object],Hires/Offers vs. Applicants,[object Object],Promotions vs. Persons considered,[object Object],Terminations vs. Persons considered,[object Object],Involuntary Terminations vs. Persons considered,[object Object],14,[object Object]
Hires/Offers vs. Applicants,[object Object],Hires/Offers: Individuals selected including those that rejected offers of employment,[object Object],Applicants: Individuals who were considered for a specific position,[object Object],15,[object Object]
Promotions vs. Persons Considered,[object Object],Promotions:,[object Object],employment action resulting in higher pay, greater rank, skill or responsibility,[object Object],promotions should be competitive in nature and are the result of an initial vacant position,[object Object],Typically do not include career progressions,[object Object],Persons Considered:,[object Object],Individuals that apply or indicate interest in a vacant position,[object Object],16,[object Object]
Terminations vs. Persons Considered,[object Object],Terminations: ,[object Object],Includes voluntary and involuntary terminations ,[object Object],Persons Considered: ,[object Object],Compared to all persons who held positions throughout the year,[object Object],17,[object Object]
Involuntary Terminations vs. Persons Considered ,[object Object],Terminations: ,[object Object],Includes involuntary terminations ,[object Object],Persons Considered: ,[object Object],Compared to all persons who held positions throughout the year,[object Object],18,[object Object]
Compensation Analysis,[object Object],“Evaluate compensation systems to determine whether there are gender, race, or ethnicity based disparities”,[object Object],Compare males to females and minorities to non-minorities,[object Object],Look for disparities in pay and determine if women/minorities are concentrated in lower paying jobs,[object Object],19,[object Object]
Individuals with Disabilities & Covered Veterans,[object Object],Narrative portion only,[object Object],Available for review upon request,[object Object],Included in narrative:,[object Object],Policy statement & dissemination of policy,[object Object],Responsible parties for implementation,[object Object],Review of personnel processes and training of personnel involved in employment decisions,[object Object],Reasonable accommodation,[object Object],20,[object Object]
Individuals with Disabilities & Covered Veterans (cont.),[object Object],Harassment Prevention,[object Object],Internal Auditing and Reporting System,[object Object],Review of physical and mental job qualifications,[object Object],21,[object Object]
Miscellaneous,[object Object],EEO-1,[object Object],VETS-100/VETS-100A,[object Object],Record Keeping,[object Object],Poster Requirements,[object Object],Job Posting Requirements,[object Object],22,[object Object]
EEO-1,[object Object],Used to collect the race, gender and ethnicity composition of your workforce by location,[object Object],Submitted annually,[object Object],Allow employees to self-identify ,[object Object],Due September 30th,[object Object],Required by all employers with 100 or more employees & all federal contractors and subcontractors,[object Object],23,[object Object]
VETS-100/VETS-100A,[object Object],Used to report covered veterans,[object Object],Submitted annually,[object Object],Due September 30th,[object Object],Allow employees to self-identify,[object Object],VETS-100: ,[object Object],contracts entered into prior to December 1, 2003; $25,000 or more,[object Object],VETS-100A: ,[object Object],contract entered into or modified on or after December 1 2003; $100,000 or more,[object Object],24,[object Object]
Record Keeping,[object Object],AAP requirements:,[object Object],Current and previous year plans,[object Object],2 years after last employment decision (applicants, hires, promotions, terminations, etc.),[object Object],Preserve records for duration of employment investigations/audits,[object Object],25,[object Object]
Poster Requirements,[object Object],Must post commitments under:,[object Object],E.O. 11246,[object Object],Rehabilitation Act of 1973,[object Object],VEVRAA,[object Object],Equal Employment Opportunity is the Law,[object Object],Memo from top site official regarding your company’s EEO/AAP policy,[object Object],26,[object Object]
Job Posting Requirements,[object Object],Contractors are REQUIRED to post all open positions with the Employment Securities Commission (ESC),[object Object],3 exceptions to this requirement,[object Object],CAI encourages additional outreach efforts,[object Object],Example: Local Vocational Rehabilitation Office,[object Object],27,[object Object]
CAI Services Offered,[object Object],Affirmative Action Plansincluding:,[object Object],[object Object]
Custom Narrative for Women & Minorities
Custom Narrative for Disabled & Veterans
Adverse Impact Reports

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Affirmative Action Planning 101 for Employers

Notas del editor

  1. 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
  2. *signed by President Johnson in 1965
  3. *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
  4. 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
  5. *which means banks must abide by the laws governing affirmative action
  6. *OFCCP lead by Director PatriciaShiu
  7. *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.
  8. *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)
  9. *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)
  10. *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.
  11. *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
  12. 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
  13. *If no internal applicants, feeder groups can be used. Internal applicants recommended.
  14. *Track and include reason/justification for termination
  15. * CAI completes this analysis as a follow up if Adverse Impact is found when looking at all terminations.
  16. *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.
  17. *Some discussion about adding statistical goals for Disabled. Notice for Proposed Rulemakeing changes for section 503 expected publication in Federal Register in August 2011.
  18. *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)
  19. *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
  20. *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.