Practical Strategies to Maximize Your Good Faith Efforts (GFE) Program How Parsons Brinckerhoff streamlined its GFE Program

Transcription

1 Practical Strategies to Maximize Your Good Faith Efforts (GFE) Program How Parsons Brinckerhoff streamlined its GFE Program Speakers: Michael Lariosa Assistant Vice President of Global HR Information Systems Parsons Brinckerhoff Julia Méndez, CAAP, PHR, CELS Principal Business Consultant Peoplefluent Research Institute March 28, 2013 Strategies to Maximize GFE 1

2 Agenda 1. What compliance officers are looking for to impact outreach efforts Julia Mendez, CAAP, PHR, CELS 2. How Parsons Brinckerhoff Manages GFEs 3. Consequences of non-compliance Michael Lariosa 4. Tips to improve outreach activities Strategies to Maximize GFE 2

3 Action-Oriented Programs & GFE Strategies to Maximize GFE 3

4 Defining Good-Faith Efforts (n) Good Faith is the sincere effort and purpose of doing an action or activity with an aim or objective to achieve good results or outcomes. Source: Legal-Explanations.com Strategies to Maximize GFE 4

5 REMOVING IDENTIFIED BARRIERS Strategies to Maximize GFE 5

6 Steps in Removing Barriers Strategies to Maximize GFE 6

7 Recent OFCCP Request Copies of any training documents training managers etc. in the AAP obligations. Provide copies of all job/position descriptions. Strategies to Maximize GFE 7

8 Online Application Selection Systems Ensure that employers using Internet systems for applications are compliant for accessibility for persons with disabilities Strategies to Maximize GFE 8

9 EXPAND EMPLOYMENT OPPORTUNITIES Strategies to Maximize GFE 9

10 Good Faith Efforts Proactive Action-Oriented Programs Women Minorities Person s with disabilities Veterans Strategies to Maximize GFE 10

11 Expand Employment Opportunities Prove Outreach Efforts Strategies to Maximize GFE 11

12 Good Faith Efforts Activities Can you prove your outreach efforts? Identify & partner with specific Recruiting Sources Strategies to Maximize GFE 12

13 Good Faith Efforts Activities Identify diversity job fairs or job fairs for females Strategies to Maximize GFE 13

14 Good Faith Efforts Activities Identify predominantly minority or female colleges Strategies to Maximize GFE 14

15 Self-Identification Requirements Extend an invitation to voluntarily self-identify. Strategies to Maximize GFE 15

16 Job Posting Requirement Post all openings through job service. Strategies to Maximize GFE 16

17 PRODUCE MEASURABLE RESULTS Strategies to Maximize GFE 17

18 Good Faith Efforts 41 CFR says, No contractor s compliance status shall be judged alone by whether or not it reaches its goals. Each contractor s compliance with its affirmative action obligations will be determined by reviewing the nature and extent of the contractor s good faith affirmative action activities as required under Section , and the appropriateness of those activities to identified equal employment opportunity problems. Each contractor s compliance with its nondiscrimination obligations will be determined by analysis of statistical data and other non-statistical information which would indicate whether employees and applicants are being treated without regard to their race, color, religion, sex, or national origin. (41 CFR ) Strategies to Maximize GFE 18

19 Good Faith Efforts 41 CFR says, No contractor s compliance status shall be judged alone by whether or not it reaches its goals. Each contractor s compliance with its affirmative action obligations will be determined by reviewing the nature and extent of the contractor s good faith affirmative action activities as required Good faith efforts are no longer good enough. Even though the agency s under Section , and the appropriateness of those activities to identified regulations specify Good Faith Efforts are the measure by which federal equal contractors employment will be opportunity evaluated, Ms. problems. Shiu says Each she expects contractor s contractors compliance to with its nondiscrimination demonstrate numerical obligations achievements, will be determined particularly for by placement analysis of of statistical data and veterans other non-statistical and disabled job information candidates. which would indicate whether employees and applicants are being treated without regard to their race, color, religion, sex, or national origin. (41 CFR ) OFCCP aggressive measurement of contractor s outreach for job groups that are underutilized OFCCP will measure outreach efforts to determine point they were put in place Contractors that are in the habit of delaying plan preparation will find it difficult to provide measurable outreach efforts for entire AAP year Strategies to Maximize GFE 19

20 Produce Measurable Results Monitoring of progress in areas with Placement Goals Tracking applicant pool and how it reflects recruiting area demographics Compensation analysis reviews Increase in training of staff Strategies to Maximize GFE 20

21 PARSONS BRINCKERHOFF Strategies to Maximize GFE 21

22 Company Background Leader developing infrastructure More than 150 offices on five continents 14,000 employees Approximately 5,000 in the Americas 39 Affirmative Action Plans Strategies to Maximize GFE 22

23 Previous State Parsons Brinckerhoff Challenges: 1. Manual Processes 2. Tracking and Reporting 3. Measurement 4. Recordkeeping Strategies to Maximize GFE 23

24 Managing Good Faith Efforts Strategies to Maximize GFE 24

25 Managing Good Faith Efforts Strategies to Maximize GFE 25

26 Current State Parsons Brinckerhoff Hiring Process More time to focus on effective sourcing Track & report GFE impact on applicant pool vs. representation EFFICIENCY Audit preparation with secure, online document manager Strategies to Maximize GFE 26

27 CONSEQUENCES OF NON-COMPLIANCE Strategies to Maximize GFE 27

28 Enforcement Action Termination of a federal contract or subcontract Prohibit future federal contracts and subcontracts Conciliation agreement (usually a 2 year term) Continued oversight and scrutiny of recruiting and hiring practices by the OFCCP Strategies to Maximize GFE 28

29 OFCCP Cases OFCCP Ability v. to InterCall Navigate (2/1/2011) Pay $700,000 Record keeping Develop action-oriented programs Develop internal audit and reporting OFCCP v. Baldor Electric (6/25/2012) Pay $2 million Adverse impact against women and minorities Self-monitoring measures Recordkeeping OFCCP v. Lund Boat Co. (9/4/2012) Ability to Navigate Pay $295,000 Adverse impact against women Main/retain employment records Extensive self monitoring Strategies to Maximize GFE 29

30 STRATEGIES TO IMPROVE GOOD FAITH EFFORTS Strategies to Maximize GFE 30

31 Four Practical Strategies for Your GFE Program Assessment Action-Oriented and Good Faith Effort Programs Assess Measurement your own. Example text. Replace with your own. your own.example text. Analyze your own. Example text. Replace with your own. your own.example text. Report your own. Example text. Replace with your own. Strategies your to Maximize own.example GFE 31 text. Measure Analyze Report

32 Four Practical Strategies for Your GFE Program 1 Assess Action-Oriented Program Centralize Good Faith Effort Tracking system Train management & employees Internal job posting Formal complaint policy Assess Measure Analyze Report Strategies to Maximize GFE 32

33 Four Practical Strategies for Your GFE Program 2 Good Faith Effort Activities Outreach Recruiting Training Assessment Action-Oriented and Good Faith Effort Programs Assess Measurement your own. Example text. Replace with your own. your own.example text. Analyze your own. Example text. Replace with your own. your own.example text. Report your own. Example text. Replace with your own. Strategies your to Maximize own.example GFE 33 text. Measure Analyze Report

34 Four Practical Strategies for Your GFE Program 3 Identify Local Recruiting Sources Job Fairs Colleges & Universities Assessment Action-Oriented and Good Faith Effort Programs Assess Measurement your own. Example text. Replace with your own. your own.example text. Analyze your own. Example text. Replace with your own. your own.example text. Report your own. Example text. Replace with your own. Strategies your to Maximize own.example GFE 34 text. Measure Analyze Report

35 Four Practical Strategies for Your GFE Program 4 Consistent Record-Keeping Practices Assessment Action-Oriented and Good Faith Effort Programs Assessment Measurement your own. Example text. Replace with your own. your own.example text. Analyze your own. Example text. Replace with your own. your own.example text. Report your own. Example text. Replace with your own. Strategies your to Maximize own.example GFE 35 text. Measurement Analyze Report

36 Upcoming In-Depth Principles of Affirmative Action Training April 3, 2013 How Employee Training Builds an Inclusive Culture While Minimizing Risks Dallas, TX: July 15 & 16, 2013: Principles of Principles of Affirmative Action New Orleans, LA: Oct. 21 & 22, 2013: Principles of Principles of Affirmative Action Strategies to Maximize GFE 36

37 Thank You Find Peoplefluent on Twitter: twitter.com/peoplefluent LinkedIn: linkedin.com/company/peoplefluent Facebook: facebook.com/peoplefluent Blog: peoplefluent.com/resources/peoplefluent-blog Principles of Affirmative Action 37