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In a June 2013 speech to the National Employment Lawyers Association Conference Attendees, Patricia Shiu, Director of The Office of Federal Contract Compliance Programs described the focus areas of the OFCCP as protecting workers, promoting diversity and enforcing the following three laws: Title VII of the Civil Rights Act of 1964, Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act. What is abundantly clear is- the OFCCP is not interested in protecting the business. That means that businesses need to see what is at stake and manage their own risk as it pertains to complying with the regulations. Good faith efforts of superficial value are no longer acceptable. The best practices and tips that will be shared in this session won’t cost you anything more than your time, effort and consideration. In this session you will learn: *Where the OFCCP is headed and how it will impact you as an HR practitioner *What a “real” good faith effort looks like *The difference between “social responsibility” and “compliance” Best practices that you can implement today, that allow you to comply with OFCCP regulations in a meaningful way.
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Get Real About Your Good Faith Efforts: What The
OFCCP Really Expects From Employers
Janine N. Truitt
#LASHRM14
#RealGFE #goodfaith
What will I take away from this session?
You will learn:
o Where the OFCCP is headed and how it will impact
you as a HR Practitioner.
o The difference between “social responsibility” and
“compliance”.
o What a “real” good faith effort looks like.
o Best practices you can implement that allow you to
comply with OFCCP regulations in a meaningful way.
#LASHRM14
#RealGFE #goodfaith
A Little History on OFCCP…
Image courtesy of: Utah.gov
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#RealGFE #goodfaith
The Founding Fathers of OFCCP
Compliance Did you know? o The first executive order (EO 8802) was signed into
law by FDR in 1941.
o A decade later President Truman signs EO 10308 for the oversight of federal contractor compliance with non-discrimination provisions of EO 8802.
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#RealGFE #goodfaith
The Founding Fathers of OFCCP
Compliance Did you know? o In 1953, President Eisenhower signed EO 10479 furthering the principle
that federal contractors had to comply with the US EEO program through the appointment of an actual committee.
o March 6, 1961, EO 10925 is signed by President Kennedy ensuring that government contractors take “affirmative action” that applicants are employed regardless of race, creed, color, or national origin.
Via “History of EO 11246” DOL.gov
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#RealGFE #goodfaith
“We seek not just freedom but opportunity.
We seek not just legal equity, but human
ability, not just equality as a right and a
theory but equality as a fact and equality as
a result.”
Vision for a “Great Society” via Lyndon B.
Johnson
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#RealGFE #goodfaith
The Current Focus of OFCCP
o Educating workers about their rights.
o Inspecting workplaces to make sure they are free of
discrimination.
o Securing good job opportunities for victims of
discrimination.
o Recovering back wages, interest and benefits for
affected workers.
o Changing bad employment policies and practices to
keep discrimination from happening again.
Via “The Director’s Corner” at dol.gov
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#RealGFE #goodfaith
September 2013 = OFCCP Settlements Honest mistakes or blatant discrimination? Case No. 2013-OFC-0004
Medtronic Interventional Vascular Manufacturing Facility is
ordered to pay $290,000 plus interest to 78 entry-level
Hispanic workers.
Bank of America ordered to pay out 2.2 million dollars to
over 1,100 unsuccessful African-American applicants in
1993 and years 2002-2005. Case No. 2012-OFC-00006
$100,000 and other relief awarded to 198 female applicants
in a hiring bias case with C & S Wholesale Groceries.
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#RealGFE #goodfaith
Via “Outsolve-HR.com” and DOL.gov
Is it better to be “proactive “or “reactive “?
Social Responsibility Compliance
“ I will proactively seek out
and hire minorities, females,
veterans, and differently-abled
individuals regardless of my
affirmative action goals.”
“I will ensure that we screen
and interview all candidates
that are best qualified to fill
our positions regardless of
race, creed, color, national
origin etc.”
“I will hire just enough minorities, females, veterans and differently-abled to satisfy my affirmative action requirements.”
“ I will screen and interview at least one or more persons other than the candidate I really want to show “good faith effort.”
Vs
.
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#RealGFE #goodfaith
Good + Faith+ Effort
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#RealGFE #goodfaith Image courtesy of “Wikipedia”
How “good” are your efforts?
GFE’s in the Past
GFE’s in the Present
Blast all jobs through diversity
compliance vendor or handle
manually with no checks and
balances.
Less emphasis on the viability
and type of GFE.
As long as your jobs were posted
on state ESDS you were
compliant.
Less emphasis on differently-
abled and veteran demographics.
Blasting your jobs through a diversity compliance vendor is best, but you must have a way to check the efficiency of the efforts.
Quality over quantity. Be more intentional about your outreach, numbers are less of a concern.
Real partnerships between ESDS and other outreach partners.
Big push for outreach to veterans and differently-abled populations.
#LASHRM14
#RealGFE #goodfaith
OFCCP GFE Checklist
Review your diversity outreach efforts regularly.
Evaluate which GFE’s are working and get rid of those that are not providing ROI.
Make sure you have sent your letters to all of your ESDS to ensure you are compliant with the new ruling.
Research diverse community organizations and events- and get involved.
Don’t stop making the effort because you have met underutilization goals.
#LASHRM14
#RealGFE #goodfaith
Any Questions?
Thank you for attending!
Contact me at [email protected] or talentthinkinnovations.com
Connect with me on LinkedIn, Twitter @CzarinaofHR, G+- I’m everywhere!
#LASHRM14
#RealGFE #goodfaith
