Affirmative Action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans. Affirmative Actions include training programs, outreach efforts, and other positive steps. These procedures should be incorporated into the company’s written personnel policies. Employers with written Affirmative Action programs must implement them, keep them on file and update them annually.
2. Affirmative Action
I. OFCCP and EEOC
• What is the OFCCP?
• What is the EEOC?
II. Affirmative Action
• What is Affirmative Action?
• Who Needs an Affirmative Action Plan?
• What are the Elements of an Affirmative Action Plan?
• Job Categories
III. Recruiting
• Applicants/Resume Mining
• Invitation to Self Identify
3. What is the OFCCP?
The Office of Federal Contract Compliance Programs
What are the OFCCPs Responsibilities?
Prohibits Federal Contractors/Subcontractors from discriminating based
on:
-Race - Color -Religion
-Sex - National Origin
-Disability - Protected Veteran Status
4. What is the EEOC?
The Equal Employment Opportunity Commission
What are the EEOC’s responsibilities?
Enforce Federal laws regarding discrimination against an
employee or applicant for the following:
-Race - Color - Religion
-National Origin -Disability - Genetic Information
-Age - Sex (including pregnancy)
5. Affirmative Action
What is Affirmative Action?
•The process by which employers identify shortfalls of
minorities and women in their workforce
•Corrective action to remedy shortfalls is essential to
prevent adverse impact among protected classes
•System to monitor good-faith efforts to embrace diversity
Affirmative Action is NOT a quota system!
6. Affirmative Action
Does my company need an Affirmative Action
Plan?
If you meet any of the following:
•Federal contractor or subcontractor with 50 or more employees and
$50,000 or more in government contracts during a 12-month period
•A depository of government funds in any amount
•An issuing of paying agent for US savings bonds and notes
7. Affirmative Action
Q. Do I need to include companies owned by the control group,
or just the group that has reached 50?
A. Federal Tax IDs are separate; only file for the company that has
reached 50.
Q. If we have multiple locations, do we have separate reports for
each?
A. It is voluntary. Companies could have individual reports for each
location (even those without 50) however companies typically
use one location and file one report, where their HR
8. Affirmative Action
What are the elements of an AAP?
• Narratives, and statistical analysis of the previous 12-month period
Required OFCCP Statistical reports that include:
• Workforce analysis or organizational profile
• Job Group Analysis
• Availability Analysis
• Utilization Analysis
• Goals for the plan year
Required OFFCP Narrative reports that include:
• Steps to designate EEO/AAP responsibility
• Identification of problem areas
• Assurance of action oriented programs for problem areas
• Self-audit system to monitor actives for disparate treatment
9. Affirmative Action
Who collects the data for the AAP?
HR Department / Payroll Department / Recruiting
• Verify job titles
• Provide applicant tracking information
• Perform analysis
• Outline the problem areas
• Generate the Affirmative Action Plan
10. Affirmative Action
Q. If an AAP has not been completed, can you go back and
complete for the previous year to be compliant?
A. Yes, since there is no submission date you can go back to the
previous year(s) as necessary.
Q. If the OFCCP audits a company, and an AAP has never been
completed, what can happen?
A. The OFCCP may prosecute the company, to include criminal
proceedings, suspense of payments from the Government and
termination of contracts or subcontracts.
11. Affirmative Action: Job Categories
Each job title must have a EEO job code. This code will be used to
determine EEO shortfalls and/or goals for the upcoming year.
It is imperative that the EEO job code/category is correct upon
hire, and is updated as necessary as employees are promoted into
new jobs or have a change in title/duties.
12. Recruiting
The OFCCP requires ALL Federal contractors and
subcontractors establish a minimum standard for mining
resumes and application record keeping related to the
internet and other technologies
Also requires that Federal contractors and subcontractors
comply with the laws and regulations regarding
nondiscrimination and affirmative action in employment.
13. Recruiting
What is an “Applicant”?
• Candidate submits a resume
• Recruiter reads resumes
• Recruiter determined basic qualifications are met
• Candidate does not removes themselves from the position
What type of technology can be used to internet mine?
• Electronic Mail (email)
• Resume Databases
• Job banks
• Applicant tracking systems/Applicant Service Provider
• Electronic Scanning Technology
14. Recruiting
Q. How long must a company keep internet sourced resumes,
and how long must internet search strings be kept?
A. 2 years if 150+ employees.
1 year if less than 150 employees.
However, recommend keeping all resumes for 2 years regardless
of company size, because an audit will require supporting
records for 2 years.
15. Recruiting
Q. When is a company required to send out a Self-ID form?
•When an applicant meets the minimum qualifications.
Q. Why is a candidate asked to complete the Invitation to Self
Identify?
A. Used in various compliance reports: EEO-1, VETS-100, and
AAPs
If the candidate does not complete the form, regulation states
that a third party can make a visual assessment and indicate
the data on the applicant flow log.
