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Curriculum Webinar Series
A01
Understanding AAP Requirements
September 3, 2014Ahmed Younies
President/CEO, HR Unlimited
Preliminary StatementTHIS PRESENTATION WAS PREPARED BY THE CONSULTING FIRM HR
UNLIMITED, INC. FOR THE ATTENDEES’ OWN REFERENCE IN
CONNECTION WITH EDUCATION SEMINARS PRESENTED BY THE
AFOREMENTIONED FIRM.
ATTENDEES SHOULD CONSULT WITH THEIR COUNSEL BEFORE TAKING
ANY ACTIONS AND SHOULD NOT CONSIDER THESE MATERIALS OR
DISCUSSIONS THEREABOUT TO BE LEGAL OR OTHER ADVICE.
Webinar Hosted ByHR Unlimited
HR Services for Affirmative Action Programs, Training and Compensation
Subject Matter Experts for EE/AAP Legal Counsels, Statisticians, Compensation Consultants, and Performance Management
Diverse clients from Fortune 500 to SMB nationwide – 12 years in Business
Services Mission is to provide superior, client focused, cost effective specialized Human Resources solutions
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The Twin Agencies:—OFCCP v. EEOC
Enforcement Trends The Foundation
Regulations & Requirements AAP Structure
—What is an AAP?—Data Collection—Contents
Closing
Today’s Agenda
OFCCP
• Office of Federal Contract Compliance Programs (OFCCP)
• Jurisdiction: Federal Contractors and Subcontractors with 50+ employees
• Preemptive investigation for patterns and practices of discrimination
• E.O. 11246, Rehabilitation Act, Vietnam Veteran’s Readjustment Assistance Act (VEVRAA)
• Mainly seeks back pay.
OFCCP vs. EEOC
EEOC• Equal Employment Opportunity Commission
(EEOC)
• Jurisdiction: Any business (public, private, non-profit) larger than 15 employees
• Investigates individual complaints
• Title VII, Americans w/ Disabilities Act, Age Discrimination in Employment Act, Equal Pay Act
• Investigates individual claims of discrimination
• Can seek punitive damages
Fun FactEmployment complaints for companies smaller than 15 go to the Office of Special Counsel (OSC).
• The Office of Federal Contracts Compliance Programs• Reports to the Department of Labor (DOL)• Jurisdiction: Federal Contractors and Subcontractors• Network of 6 regional offices and 50+ district and area offices• More than 700 employees nationwide• Reviews personnel practices of federal contractors and
subcontractors through compliance reviews• Audits average of 4500 contractor establishments annually
Who Is the Enforcement Agency?
What is the OFCCP’s Mission/Purpose?
Prohibits Employment Discrimination by Federal Contractors (Subcontractors) by Monitoring to Ensure Equal Employment Opportunity Without Regard to Race, Gender, Color, Religion, National Origin, Disability or Veteran Status and That Federal Contractors Meet Affirmative Action Requirements.
Enforcement Trends re: Written AAPs?
Compliance Reviews
FY2009 FY2010 FY2011 FY2012 FY2013 0
1000
2000
3000
4000
5000
6000
3907
4942
4007 4008 4100
Number of Compliance ReviewsUS DOL Data Enforce-ment
OFCCP Regions
Midwest
Pacific
Southeast
Southwest &
Rock
y Mountai
n
Mid Atla
ntic
Northeas
t 0
500100015002000250030003500400045005000 4289
4117 4098
3268 2984 2873
Number of Compliance Reviews FY2008-FY2013
Number of Reviews per Industry FY2008-FY2013
0
1000
2000
3000
4000
5000
6000
7000
8000
9000
7640
3440
2467
US DOL Data Enforce-ment
Citations are Up
2009 2010 2011 2012 2013 20140
500
1000
1500
2000
2500
3000
3500
1290
1732
2195
2695
2304
2940
Number of Citations/YearUS DOL Data Enforce-ment
Settlements are Up
2009 2010 2011 2012 2013 20140
200
400
600
800
1000
1200
1400
618
839
999
1199
1037
1298
Conciliation Agreements per yearUS DOL Data Enforce-ment
Top 5 Violations FY2009-2013
Recru
itment
Record K
eeping O
r Support
Past Perf
ormance
Written
AAP
Other0
500
1000
1500
2000
2500
3000
35002941
2443
1739
1272951
US DOL Data Enforce-ment
The Foundation
Regulations
• Executive Order 11246, as amended
– Race, Color, Religion, Gender, and National Origin
• Section 503 of the Rehabilitation Act of 1973, as amended
– Disabilities
• Vietnam-Era Veterans Readjustment Act of 1974, as amended
– Covers Protected Veterans
Applicable Regulations
Code of Federal RegulationsPublic Contracts & Property Management
Title 41
• Obligations of Contractors and Subcontractors– PART 60-1 (revised – effective 12/13/00)
• Affirmative Action Programs– PART 60-2 (revised – effective 12/13/00)
• Uniform Guidelines on Employment Selection Procedures– PART 60-3
• Construction Contractors– PART 60-4
• AA for Veterans– PART 60-250/300
• AA for Individuals With Disabilities– PART 60-741
Requirements
• Every federal contractor and subcontractor for each of its establishments if it has 50 or more employees
AND
• Has a contract or subcontract of $50,000 or more (not grants);
OR• Has government bills of lading (GBL) which in any 12-month period, total or expect to
total $50,000 or more;
OR • Serves as a depository of government funds in any amount;
OR• Is a financial institution which is an issuing and paying agent for US savings bonds and
savings notes in any amount.
Who Is Required to Have a Written AAP?
Exemptions41 CFR 60 – 1.5
• Work outside the United States
• Contracts with state or local governments
• Work on or near Indian reservations
• A… ̶� school̶� college̶� university̶� or other educational institution
…owned, supported, controlled, or managed by a particular religion
• Exempted by deputy assistant secretary
Affirmative Action PlanStructure
An Affirmative Action Plan (or “AAP”):
• Covers one year,
• Is a written plan, and
• Is a management tool to ensure EEO through:
• Quantitative Analyses to identify indicators
• Action-Oriented Programs
• Internal Auditing and Reporting
What is an Affirmative Action Plan?
AAP
Women & Minorities Individuals with DisabilitiesVeterans
An AAP = 3 Plans
Statistical AnalysesNarratives Narratives
Narratives
AAP for Women & Minorities
Affirmative Action Plan Year-Data Collection-
Example: Annual Plan• Plan: January 1, 2014 Calendar Year• Covers: January 1, 2014 through December 31, 2014• Data Analyzed: January 1, 2013 through December 31, 2013
Example: Fiscal Plan• Plan: July 1, 2014 Fiscal Year• Covers: July 1, 2014 through June 30, 2015• Data Analyzed: July 1, 2013 through June 30, 2014
AAP Contents
1. Statistical Analyses
2. Narratives
Statistical AnalysesFor Women and Minorities
Title 41 CFR 60
• Organizational Profile (Organizational Display or Workforce Analysis) PART 60-2.11
• Job Group Analysis PART 60-2.12
• Placement of Incumbents in Job Groups PART 60-2.13
• Determining Availability PART 60-2.14
• Comparing Incumbency to Availability PART 60-2.15
• Placement Goals PART 60-2.16
• Adverse Impact Analysis CFR 60-2.17 (b) and (d)• Compensation Analysis CFR 60-2.17 (b) and (d)
Analyses
Incumbency vs. Availability Pay AnalysesSelection Decisions/
Impact Analyses
AAPs Made Simple
Organizational Profile(Workforce Analysis)
Job Group Analysis
Availability
Incumbency vs. Availability
Goals
Hires vs. Applicants
Promotions vs.Persons Considered
Termination vs.Persons Considered
Compensation Data
Pay Group Analysis
Pool Regression
Cohort Analysis
Policies and Practices
• Designation of Responsibility41 CFR 60-2.17(a)
• Identification of Problem Areas41 CFR 60-2.17(b)
• Action-Oriented Programs41 CFR 60-2.17(c)
• Internal Auditing and Reporting System41 CFR 60-2.17(d)
Women & MinoritiesNarratives
Understanding Narratives for Women & Minorities
Evaluate Results To Monitor Progress
Later…
Modify Action Plan As Applicable
Identify Problem Areas
Create & Describe
Actions Plan
AAPs for Veterans &Individuals with Disabilities
Veterans & Individuals with Disabilities Narratives
• EEO Policy
• Review of Personnel Policies
• Physical & Mental Qualifications
• Reasonable Accommodations
• Harassment
• External & Internal Dissemination of Policy
• Audit & Reporting System
• Responsibility for Implementation
• Training
Generally:• 41 CFR 60-741.44• 41 CFR 60-250.44• 41 CFR 60-300.44
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A nationwide 7% utilization goal for qualified IWDs. Conduct an annual utilization analysis and assessment of problem areas. Establish specific GFEs programs to address any identified problems.
Document and update annually quantitative comparisons for IWDs-applicants and hires.
Purpose – to measure the effectiveness of outreach and recruitment efforts.
The data must be kept for three years to track trends.
Section 503, As Amended – IWDs
A benchmark equal to the national percentage of veterans in the civilian labor force, which will be posted and updated annually by OFCCP in the anticipated Benchmark Database - suggested 8%.
Document and update annually quantitative comparisons for veterans-applicants and hires.
Purpose – to measure the effectiveness of outreach and recruitment efforts.
The data must be kept for three years to track trends.
VEVRAA, As Amended – Protected Veterans
-The New Rules-
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Invite applicants to self-identify as IWDs at both the pre-offer and post-offer
Invite employees to self-identify as IWDs every five years, using the OFCCP prescribed language
Section 503, As Amended – IWDs
Invite applicants to self-identify as “protected veterans” at both pre-offer and post-offer
Ensure posting of job openings with the appropriate State or local job service
VEVRAA, As Amended – Protected Veterans
-The New Rules-
AAP
Women & Minorities
Individuals with Disabilities
-OFCCP suggested goal of 7%-
Veterans-OFCCP suggested goal
of 8%-
- Closing - An AAP = 3 Plans
Statistical AnalysesNarratives Narratives
Narratives
Q&APlease send your questions to:
Ahmed [email protected]
Tel: (714) 426-2918 x1Cell: (949) 378-8417
