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Developing and Implementing

Effective Affirmative Action Programs

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• Major changes to AAP regulations took effect on December 13, 2000– All AAPs prepared after that date must comply

with new regulations– Changes simplify AAP requirements– AAP development process clarified– Approach to developing the AAP remains very

similar– But implementation requirements now very

broad

Important Notes

You Must develop an AAP if: Your company is a nonconstruction (supply and service) contractor must develop and maintain a

written affirmative action program for each of its establishments, if it has 50 or more employees and:

– (i) Has a contract of $50,000 or more; or

– (ii) Has Government bills of lading which in any 12-month period, total or can reasonably be expected to total $50,000 or more; or

– (iii) Serves as a depository of Government funds in any amount; or

– (iv) Is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes in any amount.

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Required Elements

Old Workforce Analysis

41 CFR 60-2.11(a)

Job Groups analysis

41 CFR 60-2.11(b) Availability Analysis 8-Factor

41 CFR 60-2.11(b) Establishment of Goals

41 CFR 60-2.12

New Organizational Profile or Workforce Analysis

41 CFR 60-2.11(c) Job Groups analysis

41 CFR 60-2.12 Placement of Incumbents

41 CFR 60-2.13 External Availabilities

41 CFR 60-2.13(b)(1) Internal Availabilities

41 CFR 60-2.13(b)(2) Utilization analysis (2 Factor)

41 CFR 60-2.14 –2.16 Composition of Job Groups

41 CFR 60-2.14(g) Goal summary

41 CFR 60-2.16[continued]

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Additional Elements

Old Maintenance of Support Data

41 CFR 60-2.12(m) 41 CFR 60-2.13

– (a) Reaffirmation of EEO Policy– (b)Formal Internal and External

Dissemination of policy– (C) Establishment of Responsibility– (d) Identification of Problem Areas– (e) Establishment of goals– (f) Development of Action Oriented

programs– (g)Internal Audit and Reporting– (h)Sex Discrimination Guidelines

41 CFR 60-20– (i)Active Support of community action

programs– (j) Consideration of female and

minorities not in the workforce.

New Requirement of 41 CFR60-2.17

(a) Designation of Responsibility (b) Identification of Problem Areas

Analysis of

– 1. Workforce by organizational unit

– 2. Personnel Activity

– 3. Compensation

– 4. Selection Recruitment referrals

– Any other areas that impact the success of the AAP

(c) Action oriented programs (d) Internal Audit and reporting

systems

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Organizing the AAPs

Determining/verifying AAP organization Resolving format issues

– Form of organizational profile

– Number /size

– Location

– Geographic

– Functional/line-of-business

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Job Groups

Reviewing job groups and their characteristics– Job title assignments

• Generic vs. specific• EEO-1 Classifications

– Occupational classification• OCC Codes for census match up

– Data Integrity • Critical

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Recruitment Areas

– Which factors to use• Factor weights

– External availability data sources• Reasonable recruitment area

• National, State, SMSA, County

– Internal availability data sources• Identification of Feeder groups

• Settling on logical feeders

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Methodologies Determining the methodology

– Availability • How availability data will be weighed

• How factors will be weighed

– Goal setting method• Any difference

• 80%

• Whole person

• SD

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Reports

Development of narrative templates Importing and auditing download for

incompleteness and other data problems– Conversion to Access– Testing data completeness & integrity– Revising to correct problems

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Facility Responsibilities Provide Accurate Database Downloads Effectively Monitoring Employment Transactions

Provide Accurate Detailed or Summary Transaction data– Accurate tracking of :

• Applicants Hires Offers

• Transfers Promotions

• Terminations

Develop Effective Action Oriented Programs to Address Problem Areas

Develop Effective Outreach and Recruitment Sources Develop Effective Internal Reporting of EEO/AA Progress Hold Managers Accountable for EEO/AA Performance

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Facility Responsibilities

Providing Accurate Data Base Information– Are all download fields complete

• Data integrity issues– Missing data

– Multiple spelling for same job title, departments etc.

– Job titles with multiple grades or coding

– Generic titles with different rates of pay

– Cross EEO-1 job groups

– Incorrect EEO-1 coding (especially OM)

– Correct Job Group, Department, Grade, Division etc

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Facility Responsibilities Tracking personnel actions for transaction reports

and IRAs Detail or Summary Data?

– Applicants- Define Track– Hires/Offers Define Track– Promotions Define Track

• Competitive – non competitive• From Title-EEO-1-Job Group To Same

– Terminations Define Track• Voluntary-Involuntary-Layoffs

– Transfers Define Track

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Facility Responsibilities Applicant Tracking

• Three questions frame the discussion• For whom to keep records

• For whom to obtain race/ethnicity and gender data

• Whom to include in the impact ratio analyses

• OFCCP position• Internet Applicant Rule

Definition of Internet Applicant Four criteria must be satisfied in order for a job seeker to be considered an “Internet

Applicant”

Four Criteria1. Individual submits expression of interest through Internet or related electronic data technologies

2. Contractor considers individual for employment in a particular position

3. Individual’s expression of interest indicates basic qualifications for position

4. Individual does not remove him/herself from consideration prior to job offer

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• Limit receipt of applications

– Only when vacancies exist, or for specific positions, days/hours

• Specify application procedures

– Written applications, personal submission• Limit life of applications

– For vacancy sought or some designated time period• Duplicates• Ensure retention of applications

– EEOC (1 year) / OFCCP (2 years)

Managing Applicant Flow

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• Analyze key transactions regularly– Hires, promotions, terminations

• Graphical presentations for managers to review– Colors and/or charts may help simplify concept

• If adverse impact identified, investigate potential causes and be prepared to explain– Break into manageable segments, rotating

review

Suggestions for MonitoringEmployment Transactions

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• Build synergies across business units/functions

• Consider universal good faith outreach letter– Develop relationships, not just contacts

Leveraging Outreach andRecruitment Resources

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• Managers need and want reports that are clear, concise and functional– Use charts and graphs where possible– “Executive summaries” well received– Deliver reports on consistent basis

· Copy senior managers

– Model report after helpful reports in other functions

· Finance, headcount, revenue, etc.

Reporting EEO/AA Progress

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• Build AA/EEO accountability into performance metrics– Measure sincerity and vigor of efforts– Caution re: tying compensation to goal

attainment· Functional equivalent of quota system?

• Multi-dimensional performance reviews

• Employee surveys

Holding Managers Accountable for EEO/AA Performance

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Types of Reports and

Report Format Examples

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Core AAP Reports

Workforce Analysis 41 CFR 60-2.11(c) Job Groups and Titles 41 CFR 60-2.12 Placement of Incumbents 41 CFR 60-2.13 External Availabilities 41 CFR 60-2.13(b)

(1) Internal Availabilities 41 CFR 60-2.13(b)

(2) Composition of Job Groups 41 CFR 60-2.14(g) Utilization analysis 41 CFR 60-2.14 –2.16 Goal summary 41 CFR 60-2.16

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Other Support File Reports Prior Year Progress reports Transaction Data Impact Ratio Analysis Based on Summary Data Compensation Analysis

– Median and Mean by Grade and Title

– t-Tests by Grade and Title

– Regression **

– Outlier reports (outside range or %) **

– Cohort Reports **

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Sample Report Formats

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Workforce Analysis 41 CFR 60-2.11

Sample Format

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Job Groups and Titles 41 CFR 60-2.12

Sample Format

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Placement of Incumbents in Job Groups

41 CFR 60-2.13

Sample Format

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External Availabilities 41 CFR 60-2.13(b)(1)

Sample Format

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Internal Availabilities 41 CFR 60-2.13(b)(1)

Sample format

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Composition of Job Group with Percentage Representation

41 CFR 60-2.14(g)

Sample Format

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Utilization Analysis

Determining Availability41 CFR 60-2.1341 CFR 60-2.1441 CFR 60-2.1541 CFR 60-2.16

Sample Format

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Goals

41 CFR 60-2.16

Sample Format

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Compensation Reports

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Mean and Median

Sample Format

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t-Test

Sample Format

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Regression (optional)

Sample Format

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Cohort Report

Sample Format

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EEO LogicBruce D. Kuehnl

503-236-2563Yexplain@AOL.com

OFCCP.com