Elements of an Affirmative Action Plan Presented by: Allen Oyler, President Onsite HR Services, Inc...
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Transcript of Elements of an Affirmative Action Plan Presented by: Allen Oyler, President Onsite HR Services, Inc...
Elements of an Affirmative Action Elements of an Affirmative Action PlanPlan
Presented by:Allen Oyler, President
Onsite HR Services, Inc
© 2006 All rights reservedMarch 2006
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ObjectivesObjectives
Overview of:– AAP Laws– Who is Covered
Who is an Applicant?
Elements of an AAP– Organizational Chart– Job Groups– Availability Analysis
Elements of an AAP (cont’d)– Placement Goals– Discrimination Analysis– Action Plans– Ongoing Analysis
Discrimination Pyramid
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Sources of AAP RequirementSources of AAP Requirement Federal Government Regulating Federal Contractors. Executive
Order, Statute, Department of Labor Regulations.
- Executive Order 11246. 41 CFR 60. 1 et seq: (Race, Color, Religion, Sex, National Origin)
- Rehabilitation Act, 29 USC 793 et seq, 41 CFR 60-741 et seq. – Disability
- Vietnam Era Veterans Readjustment Assistance Act 38 USC 4211, 41 CFR 60-250 et seq: (Veterans of Vietnam Era, Disabled Veterans, Veterans of War)
– CFR 60.2 Non-construction (Supply & Service) Contractors
– CFR 60.4 Construction Contractors
Local Government (City, County, State) Regulating Their Contractors – Ordinance, Statute (Sexual Preference, Political Affiliation, Etc)
Governmental Entities Regulating Their Own Employment Practices – Ordinance, Statute, Policy
Private Entities Regulating Their Own Employment Practices – Voluntary
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Who is a “Contractor”?Who is a “Contractor”?
Entity with 50+ employees +
Contract with federal agency +
Providing government with supplies or services +
Contract is worth 50K or more (or certain financial institutions)
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Federal Agency
Acme Corp150 employees & $50,000 contract
Division “A”Cheese100 Emp
Division “B”Cigarettes
50 Emp
WarehouseEstablishment
50 Emp
ManufacturingEstablishment
50 Emp
Who Must have an AAP & how many Who Must have an AAP & how many AAPs?AAPs?
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Supplier 1(Milk)
$100,00049 Emp
Supplier 2(Containers)$25,000 – Acme$25,000 - Beta
125 Emp
Supplier 3(Computer SW)
$75,000100 Emp
Acme Corp (Contractor)
Cheese
FederalAgency
Must Contractor Involve Others?Must Contractor Involve Others?
Beta Corp(Contractor)
Bread
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““Subcontractors” Must Have AAPsSubcontractors” Must Have AAPs
Entity that has subcontract with federal contractor
For goods or services
That is in whole or in part “necessary to the performance of” a federal contract
Or that calls for the entity to perform any portion of the federal contractor’s obligation.
50 employees and $50,000
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Federal Government
Contractor
Division “A”Cheese
Wholly-owned subsidiaryCigarettes
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Contractor’s Affiliated Entities Contractor’s Affiliated Entities May Need AAPMay Need AAP
1. common ownership
2. common officers/directors
3. parent has de-facto control of sub
4. common source for personnel policies
5. operations are co-dependent
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APPLICANT ISSUESAPPLICANT ISSUES
AAP examines whether the number of women and minorities working for a contractor is in proportion to the number of women and minorities in the applicant pool (and labor pool).
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Why Applicant Definition is Why Applicant Definition is SignificantSignificant
Applicant definition determines the group for whom employer must track race and sex. 41 CFR 60-1.12(c).
– Employers argued for narrow definition, OFCCP/EEOC wanted broader definition.
– EEOC has a broad definition
– OFCCP created 2-track definition
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““Traditional Applicant”Traditional Applicant”(EEOC)(EEOC)
“Applicant”: someone who “expresses an interest in employment”
For traditional hiring methods (paper resumes, paper applications, expression of interest orally), this means:
– You cannot limit “applicants” to just those who are selected for interview.
– You cannot limit “applicants” to just those who fill out an application or follow employer’s other requirements.
– You cannot limit “applicants” to just those who are minimally qualified for the position.
– Can you exclude unsolicited resumes?
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“ “Internet Applicant”Internet Applicant”(OFCCP)(OFCCP)
Four Elements of New Definition:
– The job seeker has submitted an expression of interest in employment through the Internet or related electronic technologies.
– The employer considers the job seeker for employment in a particular open position
– Job seeker appears to have the advertised, basic qualifications for the position and
– Job seeker has not withdrawn from consideration.
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Practical Application of Internet Practical Application of Internet DefinitionDefinition
Can toss internet submissions for “any open position.”
Employer expected to post position qualifications on the Web.
Can toss applications that don’t meet basic (minimum) qualifications.
Can’t limit internet Applicants to those who are interviewed.
Can’t limit internet Applicants to those who follow procedure if you consider them anyway.
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““Advertised Basic Qualifications”Advertised Basic Qualifications”
Qualifications the employer advertises (e.g. posts a description of the job and qualifications on the Web site).
Non-comparative (“3 years experience” versus “one of the top five in the pool of job seekers”)
Objective (“batchelors degree” not “top tier school”)
Job Related
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Elements of AAPElements of AAP
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Data & DatesData & Dates
Transactions
HiresTerminations
Promotions/DemotionsTransfers
Salary Changes
Beginning Plan Year
1/1/04@00:00:00
End Plan Year
12/31/04@24:00:00
Administrative Changes
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AAP ComponentsAAP Components Organizational profile--Sec. 60-2.11 Job group analysis--Sec. 60-2.12 Placement of incumbents in job groups--Sec.
60-2.13 Determining availability--Sec. 60-2.14 Comparing incumbency to availability--Sec.
60-2.15 Placement goals--Sec. 60-2.16 Additional components specified in the Sec.
60-2.17: Designation of responsibility for implementation Identification of problem areas Action-oriented programs Periodic internal audits
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1000 - President, CEO Total 3 - (2WF/1BF) - Supervisor (1WF)
1025 - Corporate Technical Officer Total 2 - (1WM/1WF) - Supervisor (1WM)
1140 - Corporate Information Systems Total 31 - (15WM/10WF/1BM/1AM/3AF/1HM) - Supervisor (1WM/1WF)
1135 - Office Systems Total 12 - (7WM/3WF/2BM) - Supervisor (3WM)
1035 - General Counsel Total 8 - (4WM/3WF/1BF) - Supervisor (2WM)
1040 - Intellectual Property Office Total 9 - (5WM/4WF)
1050 - Legal Affairs - International Total 6 - (2WM/4WF)
1060 - Federal Policy & Regulation Total 7 - (4WM/3WF) - Supervisor (1WM)
1075 - Government Relations Total 5 - (4WM/1WF) - Supervisor (1WM)
1070 - International Affairs Total 7 - (5WM/2WF) - Supervisor (1WM)
1080 - Corporate Communications Total 13 - (6WM/6WF/1BM) - Supervisor (1WM/1WF/1BM)
1085 - Chief Financial Officer Total 3 - (2WM/1WF) - Supervisor (2WM)
1095 - Investor Relations Total 3 - (1WM/2WF) - Supervisor (1WM)
1100 - Internal Audit Total 5 - (3WM/1WF/1BM) - Supervisor (1WM)
1110 - Treasury Operations Total 10 - (3WM/4WF/1BM/1BF/1HM) - Supervisor (2WM/1BF)
1115 - Controller - Corporate Total 2 - (1WM/1BF) - Supervisor (1WM)
1120 - Taxes Total 6 - (2WM/3WF/1AF) - Supervisor (1WF)
1130 - Accounting Total 6 - (2WM/3WF/1AM) - Supervisor (1WM/2WF)
1125 - Payroll Total 3 - (1WM/1WF/1BF) - Supervisor (1BF)
1150 - Controller - Division Total 37 - (8WM/18WF/2BM/5BF/2AM/1AF/1HF) - Supervisor (4WM/5WF)
1145 - VP Finance - Division Total 2 - (1WM/1WF) - Supervisor (1WM)
1155 - Financial Services - Corporate Total 6 - (5WM/1WF) - Supervisor (1WM/1WF)
1160 - Financial Services - Division Total 6 - (4WM/1WF/1AF) - Supervisor (1WM)
1185 - Sub-Contracts & Purchasing Total 8 - (2WM/3WF/1BM/2BF) - Supervisor (1WM)
Organizational ProfileOrganizational Profile
Name of unit
Total Number of Incumbents
By Race & Gender
Show
Relationship
Between Units
Supervisor
Informatio
n
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Job Group DefinedJob Group Defined
Jobs with similar – content, wage rates, opportunities
Similarity of content – duties and responsibilities of the job titles
which make up the job group. Similarity of opportunities
– training, transfers, promotions, pay, mobility, and other career enhancement opportunities offered by the jobs within the job group.
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Job Group ExampleJob Group Example(Professional Jobs)(Professional Jobs)
– Job Group 2A – Sr Level Professionals– Job Group 2B – Mid Level Professionals– Job Group 2C – Entry Level
Professionals
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Job Group Analysis SummaryJob Group Analysis Summary
Individual Jobs
Sr AttorneyEngineer VIAttorney II HR AdministratorAssemblerFinance Clerk
Job Groups
Sr Professionals
Mid Level Prof
Operatives
Clerical
Mechanical Engineer IElectrical Engineer IComputer Engineer IIElectrical Engineer IISenior Engineer
Technical Professional
Mid Level Technical Professional
Senior Level Technical Professional
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Placement of Incumbents in Job Placement of Incumbents in Job
GroupsGroups CFR 60-2.13CFR 60-2.13
The contractor must separately state the percentage of minorities and the percentage of women it employs in each job group
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Job Group Analysis SummaryJob Group Analysis Summary
Individual Jobs
Sr AttorneyEngineer VIAttorney II
HR AdministratorAssembler
Finance Clerk
Job Groups
Sr Professionals
Mid Level Prof
Operatives
Clerical
Percentage Minority & Female
20.45% 15.94%
13.70% 47.95%
33.33% 91.67%
20.59% 97.06%
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Determining AvailabilityDetermining Availability CFR 60-2.14CFR 60-2.14
1. Census Data Comparison2. Promotable, Transferable,
TrainableTrainable – those who could become promotable or transferable during the AAP year with training.
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Weighted Factor
Min Fem Weight % Min Fem
13.97 42.65 50.0 6.98 21.32
16.67 66.67 50.0 8.34 33.34
15.32 54.66
6.00 17.00
NO YES
Raw Statistics
Source of Statistics
Placement Goal:
(41 total)
Employment % : 14.63 41.46
Eighty Percent Rule: Availability:
A placement goal is set when employment is less than 80% of availability.
Employment #:
1. Percentage of minorities or women with requisite skills in the reasonable recruitment area.
Acme Falls MSA
2. Percentage of minorities or women among those promotable, transferable, and trainable within the contractor's organization.
Feeder J ob Computations
Factor
Acme Technology IncorporatedColumbia, MD
January 1, 2004 Annual AAP
Availability Factor Computation Form
J ob Group 1C Entry Level Management
Comparing Availability
To Current Employment
Hired 50% from Outside & 50% from Inside (Trainable/Promotable)
Census Data
IncumbentsPromotableTrainable
Placement Goal
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Placement Goals CFR 60-2.16CFR 60-2.16
Placement goals serve as objectives or targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire affirmative action program work.
Placement goals also are used to measure progress toward achieving equal employment opportunity.
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Identification of Problem Areas
CFR 60-2.17(b) The workforce by organizational unit and
job group Personnel activity (applicant flow, hires,
terminations, promotions, and other personnel actions) Personnel procedures (selection, recruitment,
referral, etc.) Compensation system(s) Any other areas that might impact the
success of the affirmative action program
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Example #1 Comp. AnalysisExample #1 Comp. AnalysisName Salary
Experience,Performance
Smith (White) $31,000 3 yrs. “2” perf rating
Thomas (White) $34,000 5 yrs.“4” perf rating
Buckley (White) $40,000 6 yrs.“5” perf rating
Adams (White) $37,000 5 yrs.“5” perf rating
Jones (African American )
$23,000 3 yrs.“2” perf rating
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# % JAAR ?
# % JAAR ?1 0 0 13-19 U 0 0 30-44 U
1 0 0 15-23 U 1 100 72-100 O
# % JAAR ?
# % JAAR ?30 6 20 13-19 C 19 63 30-44 C
6 4 67 15-23 C 5 83 72-100 O1 1 100 24-35 C 1 100 61-92 C
# % JAAR ?
# % JAAR ?6 0 0 13-19 U 1 17 30-44 U
# % JAAR ?
# % JAAR ?6 1 17 13-19 O 2 33 30-44 O
White Collar
Clerical
Department 1145 - VP Finance - Division
TotalEmpEEO Code
White Collar
Clerical
Blue Collar
Department 1150 - Controller - Division
TotalEmpEEO Code
White Collar
Department 1155 - Financial Services - Corporate
TotalEmpEEO Code
White Collar
Department 1160 - Financial Services - Division
TotalEmpEEO Code
Min Fem
Fem
Min Fem
Min Fem
Min
JAARJAAR
Broad Groups
Concentrated
Under Represented
OK
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Non
Tot Fem Fem
22 5 17
26 7 19
Non
Tot Fem Fem
18 7 11
20 9 11
Non
Tot Fem Fem
12 3 9
13 3 10
Non
Tot Fem Fem
42 6 36
59 19 40
Offers
Applicants
J ob Group 1C Entry Level Management
Offers
Applicants
J ob Group 2A Senior Level Professionals
Applicants
J ob Group 1B Mid Level Management
Offers
Applicants
Applicants Detail by GenderBreakdown of Offers and Applicants by Job Group
For Period: 1/1/2003 to 12/31/2003J ob Group 1A Executive Management
Offers 5/22 = 22.73%7/26 =26.92%
22.73/26.92 = 84.43%
OffersHiresPromotionsTransfersTerminations
Involuntary
6/42 = 14.30%
19/59 =22.00%
14.30/22.00 = 65.00%
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Sel Rate
AI? Stat Val Sel Rate
AI? Stat Val
0.77 Yes 0.916 0.80 No
1.15 No 0.78 Yes 1.648
1.12 No 1.11 No
1.08 No 0.35 Yes 4.630
1.07 No 1.08 No
1.11 No 1.09 No
0.00 Yes 2.000 1.50 No
1.00 No 1.00 No
0.94 No 0.94 No
1.20 No 0.81 No
0.99 No 0.91 No
Adverse Impact Detail for ApplicantsFor Period: 1/1/2003 to 12/31/2003
Min Fem
J ob Group
1B
1A
1C
2A
2B
2C
3A
4A
5A
5B
7A
Statistically Significant?Statistically Significant?
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Discrimination PyramidDiscrimination Pyramid
JAAR/IRA/80% RulePotential problem
Adverse ImpactStatistical Analysis
(2 Standard Deviations)Requires explanation for actions
Disparate ImpactNot able to explain reason
for adverse impact
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Action-Oriented ProgramsAction-Oriented ProgramsCFR 60-2.17(c)CFR 60-2.17(c)
Develop & Execute action oriented programs designed to correct problems areas
Must be more than same old procedures that didn’t solve problems
Must demonstrate good faith efforts
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Examples of Action ItemsExamples of Action Items
Refine job posting procedure. Identify 2 additional recruiting
sources for minority engineers.Participate in three new job fairs
focusing on female applicants.Review job descriptions to assure
validity.
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Questions?Questions?