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Learn the Principles of a Compliant Affirmative Action Program

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Information about Learn the Principles of a Compliant Affirmative Action Program
Business & Mgmt

Published on March 5, 2014

Author: Peoplefluent

Source: slideshare.net

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Learn the Principles of a Compliant Affirmative Action Program Presenter: Julia Méndez, CDP, CAAP, PHR, CELS Principal Business Consultant Peoplefluent Research Institute March 2014 © 2014 Peoplefluent Principles of Affirmative Action│1

Submit Questions Anytime Type question here © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │2

Agenda 1. Define Federal Contractor 2. Laws enforced by OFCCP Julia Mendez, CDP, CAAP, PHR, CELS 3.  Female/Minority AAP  Individuals with Disabilities/Veteran AAP 4. Areas of focus for Your Program © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │3

Polling Question How many employees does your company have?  1 – 999  1,000 – 2,499  2,500 – 5,000  5,000+ © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │4

Principles of Affirmative Action © 2014 Peoplefluent Principles of Affirmative Action │5

What is Affirmative Action? Proactive Action-Oriented Programs Women Minorities Person’s with disabilities Veterans © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │6

Laws Enforced by OFCCP? Executive Order 11246 Section 503 of Rehabilitation Act Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │7

Responsibilities © 2014 Peoplefluent Principles of Affirmative Action │8

Record Retention #1 Cited Violation © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │9

Record Retention Race, gender & ethnicity © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │10

Record Retention • Less than 150 employees and • Less than $150,000 in government contracts Keep Affirmative Action Plan for 1 year © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │11

Record Retention •150 employees or •$150,000 or more in government contracts Keep Affirmative Action Plan for 2 years © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │12

Record Retention Under audit? Keep all records covering period under investigation. © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │13

Notices / Posters © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │14

External Dissemination Posting Language External Dissemination Purchase Orders/Contracts © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │15

Written Affirmative Action Plan Under EO 11246 employers prepare a written plan to display organizational structure, policies, practices, programs, and data © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │16

Written Affirmative Action Plan Service and supply contractors with 50 or more employees AND a contract or subcontract valued at $50,000 or more ($100,000 or more for Veterans) © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │17

AAP Requirements for Females/Minority Evaluate workforce vs. labor pool STATISTICAL COMPONENT NARRATIVE COMPONENT How you attract, recruit, & select protected class © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │18

Females/Minorities Statistical Analysis © 2014 Peoplefluent Principles of Affirmative Action │19

Work Force Analysis (41 CFR 60-2.11) • Examine evidence of concentrations & under representations • Rank jobs lowest to highest paid • Identify if a glass ceiling exists • Identify any segregated departments • Identify a supervisor in each department © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │20

Work Force Analysis (41 CFR 60-2.11) Look for Potential Glass Ceiling © 2012 Peoplefluent © 2014 Peoplefluent Excl = Excluded from plan Incl = Included in plan Principles of Affirmative Action │21

Job Group Analysis (41 CFR 60-2.12; 2.13) • Groups job titles by similar: • Content • Opportunity • Wage • Foundation for remaining reports • Provides utilization of job group as of the plan date • Review diversity within job titles and groups © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │22

Job Group Analysis © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │23

Job Group Analysis Current Utilization of Protected class: Total Employees in Protected Class Total Employees in Job Group © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │24

Calculating Goals Current Utilization External Availability Internal Availability Apply Tests Analyze Current Employee Population Derive Total Weighted Availability Check for Underutilization Establish Goals © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │25

Incumbency vs. Availability (41 CFR 60-2.15) • Identify where the weight is distributed • Determine total availability • Consider all sources for placement © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │26

Incumbency vs. Availability (41 CFR 60-2.15) Availability is compared to utilization © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │27

Placement Goals (41 CFR 2.16) To Do  Develop actionoriented programs  Document GFE  Involve recruiters  Involve hiring managers Goal Placement Rate **NOT A QUOTA** © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │28

Goal Attainment (41 CFR 60-2.17) Only job groups with a goal last year will appear on this report © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │29

Polling Question How often do you review compensation for your employees?  Annual  Semi-Annual  Every several years  Never  I don’t know © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │30

Compensation Review • Regular review • Maintain sufficient information on factors which influence pay • Prepare to correct any issues discovered © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │31

AAP Narrative Components © 2014 Peoplefluent Principles of Affirmative Action │32

Females / Minorities Plans • EEO Policy Statement • Designation of Responsibility • Identification of Problem Areas • Internal Auditing and Reporting System • Action-Oriented Programs © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │33

EEO Policy Statement • Update annually; sign the policy and date • Identify the hours and location where the veterans / disabled AAP plan can be viewed • Visible posting that allows for veterans to selfidentify • Post where applicants and employees can view • Must reference top U.S. based Executive © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │34

Designation of Responsibility 41 CFR 60-2.17 (a) • EEO/AA coordinator • Managers and supervisors • Top executives © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │35

EEO Coordinator Responsibilities • Abide by Executive Order 11246, Rehabilitation Act, VEVRAA • Ensure compliance with policies and postings • Help identify of AAP / EEO problems areas & effective solutions to AAP / EEO problems • Internal audit & reporting system • Company liaison to enforcement agencies © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │36

Management Responsibilities Ensure non discriminatory HR practices © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │37

Top Executives As a signor of the EEO policy statement, he or she is instrumental in supporting the goals of the affirmative action plan and its support to overall EEO practices. © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │38

Identification of Problem Areas Compensation • Incentive Management Recruiting Performance Management • Job Profiles • Goal Management and Appraisals • Hiring workflows • Contingent • Salaried • Hourly • Disposition Codes • Data Management Techniques • Assessments Succession Planning • Talent Assessment • Succession Pools © 2014 Peoplefluent © 2012 Peoplefluent Principles of Affirmative Action │39

Action-Oriented Programs • Develop strategy • Specific and resultoriented solutions • Implement & execute Good Faith Efforts © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │40

Internal Auditing & Reporting • • • • Goals Compensation Accessibility Management reports © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │41

Under VEVRAA and Section 503 1. 2. 3. 4. 5. 6. 7. 8. EEO policy statement Review of personnel processes Reasonable accommodations Physical and mental qualifications Harassment Data collection Internal/external dissemination Assessment of outreach and recruitment © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │42

Protected Veterans and Individuals with Disabilities © 2014 Peoplefluent Principles of Affirmative Action │43

Online Application Selection Systems Ensure that employers using Internet systems for applications are compliant for accessibility for persons with disabilities © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │44

Recommended Website Verbiage • In compliance with the Americans with Disabilities Act Amendment Act (ADAAA), if you have a disability and would like to request an accommodation in order to apply for a position with x company, please call xxx-xxxxxxx or e-mail xxxx.xxxx@xcompany.com. © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │45

Self-Identification Requirements Extend an invitation to voluntarily self-identify. © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │46

© 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │47

Job Posting Requirement Post jobs through job service for all openings. © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │48

Sample Applicant Flow Log Name Race Sex IWD Veteran Date of App. John Doe White M Y Y 1/1/14 CNA Angela Source Hispanic F Applied Y Rodriguez Job Title Step/ Disposition Hired N Hired Hired from 1/3/14 Hospital Veterans IWD Admin. Source HireVets 20 1 1 1 Texas Workforce Commission 300 20 3 Source HireVets Texas Workforce Commission 7 Job Group Total Hired IWD Veterans Hire Vets TWC Exec 5 1 0 0 0 2 4 1 3 Professionals 25 © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │49

Sample Reports – Data Collection © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │50

© 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │51

Non-Compliance with OFCCP © 2014 Peoplefluent Principles of Affirmative Action │52

OFCCP Enforcement of EEO Laws • • • • • Compliance assistance Compliance evaluations Complaint investigations Not filing VETS-100/VETS-100A Bidding for contracts © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │53

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 © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │54

Key Areas of Focus Actionable Data. Audit Preparation. Effective analysis & ongoing monitoring Report the right data to © 2014 Peoplefluent the right person Measurable Good Faith Efforts © 2012 Peoplefluent TrainingPrinciples of Affirmative Action │55

DISCLAIMER: This information provided in this presentation is for educational and information purposes only. It do not constitute legal advice or legal opinions. Peoplefluent make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained herein. Nothing that is provided in this presentation should be used as a substitute for the advice of legal counsel. Thank You! © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │56

Upcoming In-Depth Principles of Affirmative Action Training April 22 & 23, 2014 – Dallas (Irving), TX July 15 & 16, 2014 – Dallas (Irving), TX October 21 & 22, 2014 – New Orleans (Metairie), LA QUANTITATIVE ANALYSES – STATISTICAL REPORTS NARRATIVE COMPONENTS PERSONNEL TRANSACTIONS & TRACKING AFFIRMATIVE ACTION PROGRAM FOR INDIVIDUALS WITH DISABILITIES AFFIRMATIVE ACTION PROGRAM FOR VETERANS GOOD FAITH EFFORTS I HAVE PLACEMENT GOALS, NOW WHAT? INTERNET APPLICANT I HAVE ADVERSE IMPACT, NOW WHAT? COMPENSATION OFCCP COMPLIANCE REVIEWS RECENT DEVELOPMENTS © 2012 Peoplefluent © 2014 Peoplefluent Principles of Affirmative Action │57

Thank You Find Peoplefluent on… Twitter: twitter.com/peoplefluent LinkedIn: linkedin.com/company/peoplefluent Facebook: facebook.com/peoplefluent Blog: peoplefluent.com/resources/peoplefluent-blog © 2014 Peoplefluent Principles of Affirmative Action│58

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