affirmative action planning 101 for employers
DESCRIPTION
This presentation covers the basics of affirmative action for employers including:- Laws & Regulations- Who is covered?- Who enforces?- When are plans needed?- What is required?TRANSCRIPT
Affirmative Action 101: The Basics
Presenters: Kaleigh FerraroMadison Gray
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Agenda
• Laws & Regulations of Affirmative Action
• Who is covered? Who enforces?• When?• What is required?• Miscellaneous• Questions
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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)
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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.
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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
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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
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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
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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
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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
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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
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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
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Women & Minorities: Narrative• Commitment to EEO• Responsible parties for
implementation• Identification of problem areas and
action-oriented programs• Internal auditing and reporting
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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
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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
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Hires/Offers vs. Applicants
• Hires/Offers: Individuals selected including those that rejected offers of employment
• Applicants: Individuals who were considered for a specific position
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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
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Terminations vs. Persons Considered• Terminations:
– Includes voluntary and involuntary terminations
• Persons Considered: – Compared to all persons who held
positions throughout the year
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Involuntary Terminations vs. Persons Considered • Terminations:
– Includes involuntary terminations
• Persons Considered: – Compared to all persons who held
positions throughout the year
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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
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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
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Individuals with Disabilities & Covered Veterans (cont.)
– Harassment Prevention– Internal Auditing and Reporting System– Review of physical and mental job
qualifications
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Miscellaneous
• EEO-1• VETS-100/VETS-100A• Record Keeping• Poster Requirements• Job Posting Requirements
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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
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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
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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
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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
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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
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CAI Services Offered
Affirmative Action Plans including:• Required AAP statistical reports• Custom Narrative for Women &
Minorities• Custom Narrative for Disabled &
Veterans• Adverse Impact Reports• Compensation Analysis
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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
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Questions?
