Why Affirmative Action Plans?

Mandated by Executive Order 11246 of 1965 for women and minorities

Mandated by Vietnam Veterans’ Readjustment Assistance Act of 1971 for disabled veterans and Vietnam Era Veterans and Rehabilitation Act of 1973 for persons with disabilities

OFCCP – Office of Federal Contract Compliance Programs – Division of DOL responsible for oversight of affirmative action

Purposes of Affirmative Action Plan for Women and

Minorities Protect Women and Minorities from

unlawful discrimination - both intentional and impactful

Audit HR practicesrecruitment, selection, promotion,

compensation, discipline, termination, etc.

Demonstrate “Good Faith Efforts” Develop Actions/Timetables to resolve

discrepancies

Enforcement Methods

Compliance Audit (Desk) Compliance Audit (On-site) Beck Review (Unionized Locations)

Evidence of posting jobs with StateCBA/MOUEvidence of posting required material

Penalties for non Compliance Conciliation Agreements Fines Debarment from Government Contracts

Glossary Adverse Impact Analysis - Analysis of personnel actions to determine the

existence of impactful discrimination Applicant – a person submitting an application or resume for a posted position

who meets the minimum requirements for that position. Availability - the percentage of minorities and females available to the

contractor for employment in a given job or job group Availability Factor Analysis - deriving the availability for a job or job group by

considering persons available in the reasonable recruitment area and within the facility

Goal - A rate of recruitment, selection or promotion to remedy underutilization. Not a quota!

Good Faith Effort - the means by which the contractor plans to achieve a goal Job Group - A family of jobs whose incumbents have similar compensation,

advancement potential and levels of responsibility Organizational Profile - A snapshot of the organization at a point in time

consisting either of an Organizational Display or a Workforce Analysis Organizational Display - A tabular or graphic representation of the workforce Protected Class - Racial Minorities, Religions, Females, Persons over 40,

persons with disabilities, veterans Reasonable Recruitment Area - the geographical area from which the

company can be expected to recruit the majority of outside applicants Underutilization - having proportionally fewer women or minorities in the

workforce than could reasonably be expected given the availability in the labor area

Underrepresentation - having proportionally fewer women or minorities in a job group or organizational unit than are present in the workforce

Workforce Analysis - A listing of the job titles in each organizational unit, from the lowest to the highest paid including the race and sex of all incumbents

Goals

Adverse Impact Analysis

Utilization Analysis

Availability Analysis

Job Group Analysis

Workforce Analysis

Affirmative Action Process

Good Faith

Efforts

Workforce Analysis

Listing of job titles in the organization classified into organizational units or work groups

may include compensation data on each job title

Can be done with a simple organizational chart

Job Group Analysis

Lists each job title in the organization in terms of job groups

identifies the number of female and minority incumbents in each job group

Availability Analysis

Determines the availability of women and minorities by considering two factors:

1. Reasonable Recruitment Area

2. Promotions possible in the organization

Utilization Analysis Compares incumbent women and

minorities with available women and minorities

Identifies areas of underutilization Common methods (contractor’s choice)

Any Difference80/20 RuleTwo Standard DeviationsFisher’s Exact

Adverse Impact Analysis

Determines the statistical indication of adverse (disparate) impact against a protected class

Analyzes the HR flow in all aspects Statistical Method Used

80/20Two Standard DeviationsFisher’s Exact

Adverse Impact Analysis

Results

Promotion

Selection Termination

Good Faith Efforts

Affirmative Actions that will remedy underutilization/underrepresentation, adverse impactsourcing/recruitmentselectionpromotiontraining

Goals

Placement Goals for targeted groups

Avoid reverse discrimination and quotas

Audit progress toward goals mid-year

OFCCP Audits

HR’S Role Ensure fairness in hiring, promotion,

compensation and termination Train all supervising managers on

responsibilities for harassment free workplace

Ensure accuracy of data Identify deficiencies and take remedial

action

Is just good business!