AFFIRMATIVE ACTION UPDATE:

Transcription

1 NATIONAL EMPLOYMENT LAW INSTITUTE 35th Annual Advanced Level AFFIRMATIVE ACTION UPDATE: The OFCCP In Transition This ever-evolving program is molded to capture the newest compliance obligations OFCCP imposes by way of audit and regulation and to provide Government contractors timely and practical tools to implement these new requirements. Chicago, IL October 12-13, 2017 The Gwen Washington, DC October 19-20, 2017 W Washington DC San Francisco, CA October 26-27, 2017 Westin St. Francis Update approved for CLE / PDC / CEU credits in all states. Pre-Update Full Day AFFIRMATIVE ACTION WORKSHOP Including How to Write and Update AAPs Chicago - October 11 San Francisco - October 25 PROGRAM CHAIR JOHN C. FOX, Esq. Fox, Wang & Morgan P.C. Los Gatos, California REGISTRATION FEE FOR THE UPDATE INCLUDES: Exceptional networking opportunities with faculty and participants, including a luncheon on Thursday. Expanded continental breakfast service each day. Spontaneous information exchanges with contractors and industry colleagues from around the country available only at a live presentation. The 35th Annual Affirmative Action Workbook in both searchable PDF and print formats -- The definitive Affirmative Action publication! (The Workbook is available for purchase if you cannot attend the program.) 12 to 14.5 CLE / PDC / CEU hours depending upon your jurisdiction. (The Workshop provides an additional CLE / PDC / CEU hours.) NELI will file in as many jurisdictions/states as you are licensed for no additional charge. Please visit our website at for complete program information.

2 Please accept my registration for the: 2017 AFFIRMATIVE ACTION UPDATE / WORKSHOP Chicago, IL, October The Gwen, A Starwood Hotel Chicago, IL, October 11 AA Workshop Washington, DC, October W Washington DC San Francisco, CA, October Westin St. Francis San Francisco, CA, October 25 AA Workshop Affirmative Action Update Registration Fee:....$ Early Registration Fee:... $ (Paid Registration received by cut-off date below.) Affirmative Action Workshop Registration Fee:...$ PROGRAM PUBLICATIONS: I am unable to attend. Please send me the: Affirmative Action Workbook (Day 2 and 3) PDF $ Print $ or Both $ Affirmative Action Resource Manual (Day 1) PDF $99.00 Print $ or Both $ Shipping and Handling ($13.00 for print copy, no charge for PDF) Colorado residents add 7.3% sales tax (publications only) TOTAL = Method of Payment (Prepayment is required): Check Enclosed Visa MasterCard AMEX Discover REGISTRATION AND ORDER FORM Please print or type the following information: NOTE: Name & street address required for UPS delivery of publications. Name Title Organization Street Address City, State, Zip Business Telephone ( ) _ Signature _ Date (Note: Confirmations and program announcements sent via .) Do you require any accommodation, due to a disability, to attend this program? No Yes (Describe) CLE CREDIT: Provide state(s) and bar number(s). Card Number Expiration Date REGISTRATION INFORMATION Early registration is advised. Registrations will be confirmed by e- mail. On-site registrations are subject to space availability. AA Update Registration Fee: $ Early Discounted Fee: $ Early Registration Cut-Off Dates Chicago - September 19 Washington, DC - September 26 San Francisco - October 3 Affirmative Action Workshop Fee: $ Registration Fee includes non-refundable administrative fee (see Cancellation Policy below). Payment in full is required prior to the programs. Group Rates, Discounts and Substitutions are available and permissible. neli@neli.org for more information. Cancellation Policy: Cancellations must be confirmed by to our Registrar. Registrations cancelled more than ten business days prior to the program may elect to receive a full fee credit, or a refund, less a $ administrative fee. Those cancelled ten or fewer business days prior to the program will receive a fee credit, less a $ administrative fee. Transfers between cities must be pre-approved. Fee credits may be applied during the next 12 month period to any of the Institute s programs or publications. Paid no-shows will receive the program materials upon request in full consideration of fees paid. Unpaid cancellations and unpaid no-shows are liable for the registration fee. Any refunds will be processed after the conclusion of the program series. Please neli@neli.org for available discounts! REGISTRATION PROCEDURE MAILING ADDRESS: NELI, P.O. Box 1189, Golden, Colorado PHONE: (303) , 8:00 a.m. - 4:30 p.m. Mountain Time FAX: (303) INTERNET: registrar@neli.org HOTEL ACCOMMODATIONS For NELI s group rate, reservations must be made directly with the hotel (not through a travel agent). Room blocks are limited and group rates cannot be guaranteed after the listed cut-off dates, and may be fully booked before then. Reserve early and state that you are attending NELI s Affirmative Action Update. If you experience difficulty, please call NELI. After the cut-off date, reservations at the group rate are on a space available basis. Chicago - The Gwen, A Starwood Hotel 521 North Rush Street, Chicago, IL (312) Run-of-House Room - $ (plus tax) Reservation cut-off date: September 19, 2017 Washington, DC - W Washington DC th Street, NW, Washington, DC (202) Spectacular Room ( exterior ) - $ (plus tax) Wonderful Room ( interior ) - $ (plus tax) Reservation cut-off date: September 27, 2017 San Francisco - Westin St. Francis 335 Powell Street, San Francisco, CA (415) Traditional - $329.00; Deluxe - $ (plus tax) Reservation cut-off date: October 3, 2017 Lower room rates may be available on hotel websites

3 2017 AFFIRMATIVE ACTION PROGRAM AGENDAS The Workshop explains why federal contractors are subject to OFCCP authority, the construction details of an affirmative action plan, and the How To s of effectively executing an AA program. WEDNESDAY - AFFIRMATIVE ACTION WORKSHOP Chicago & San Francisco 7:45 Workshop Check-In & Continental Breakfast 8:30 AAP Architecture Issues: All The Details OFCCP Has Not Written Down Which companies are covered by OFCCP? Who is required to create Affirmative Action Plans? APP Year date Contractors - Subcontractors Facilities with no government involvement Subsidiaries - Offshore operations - Small facilities Can some facilities be combined into a single AAP? Who should be in the AAP and who should not be in the AAP? 10:30 Refreshment Break 10:45 Essential Components of an AA Program Narrative Organizational Profile Job Groups and Job Group Analyses 12:00 Luncheon (Hosted by NELI) Workshop Instructors: Chicago - John Fox & Joan Moore San Francisco - John Fox & Candee Chambers 1:00 Essential Components of an AA Program (cont d) Availability Analyses Utilization Analyses Placement Goals AAPs for Protected Veterans and Individuals with Disabilities 3:00 Refreshment Break 3:15 Implementation of Your AAP Preparing and scrubbing your data to go into the AAP Required Disparity Analyses Applicant Flow (How this differs from your expressions of interest ) Hires Analyses - What if there are internal candidates? Promotions Analyses Terminations Analyses What do you do with your AAP once completed Recruiters Legal Department Recordkeeping obligations Executive Summary Semi-annual updates 5:00 Adjourn The two-day Advanced Level Update provides up-to-the-minute coverage of the ever-evolving developments at OFCCP with practical guidance focusing on what federal contractors must do to be compliant. THURSDAY - AFFIRMATIVE ACTION UPDATE 7:45 Program Check-In & Continental Breakfast 8:30 Recent Significant EEO Developments The Merger OFCCP's budget rollercoaster and what it means for OFCCP audits and lawsuits What the OFCCP will look like if the merger fails The EEO-1 Report Dilemma Self-ID for LGBTQ? How Baker Construction and Google have applied the U.S. Constitution to limit OFCCP audits OFCCP s new contention that contractors must anually do Adverse Impact Analyses All Locations - John Fox 10:30 Refreshment Break The faculty will address questions from the floor or in writing as time permits. Please note that the Agenda is subject to change based upon current developments within the Trump Administration. 10:45 The Latest on OFCCP s Compensation Audits / Lawsuits Exploring how to prepare for and survive an OFCCP compensation audit: Compensation analysis background - including the Ledbetter decision and the Ledbetter Act impact on compensation issues Required annual review of contractor compensation practices Compensation analysis before the audit - should you try regression analysis? Discussion of the effect of the Google decision on information requests Other tools to examine compensation: Privilege issues surrounding internal analysis Preparing and responding to OFCCP s 38+ question information request Presenting compensation witnesses and preparing for interviews Chicago & San Francisco - Brian Bulger Washington, DC - Julie Trester 12:00 Luncheon (Hosted by NELI)

4 2017 AFFIRMATIVE ACTION PROGRAM AGENDAS THURSDAY - CONTINUED 1:00 Legal and Regulatory Wrinkles You Need to Work Around When You Use Evergreen Jobs Learn the tips and tricks to effectively use evergreen regulations, how to navigate around the several wrinkles when listing your jobs and how to document the legitimate reasons many jobseekers for such regulations are not Applicants. Chicago - Linda Cavanna-Wilk Washington, DC & San Francisco - Candee Chambers 2:15 LGBTQ Rights Under Executive Order and Title VII EO and OFCCP enforcement of LGBTQ protections under Trump. Scaling back of reporting obligations EEOC position on applicability of Title VII to sexual orientation and gender identity Litigation in federal appellate courts over whether Title VII covers sexual orientation and gender identity Does the Circuit split make this issue ripe for SCOTUS review? Transgender issues for federal contractors and other employers Chicago & San Francisco - Brian Bulger Washington, DC - Jenny Goltz 3:15 Refreshment Break 3:30 The Difference Between Disparity Analysis and Adverse Impact Analysis And Why It Matters We will explore the difference between A Hazelwood/ Teamsters impact ratio (disparity) analysis (IRA) and a Griggs Adverse Impact analysis, and why it matters in each Executive Order affirmative action plan. All Locations - John Fox 5:00 Adjourn FRIDAY 7:30 Continental Breakfast 8:00 How to Put Together a Database to Statistically Analyze Hiring Discrimination In this session we ll discuss the information necessary to gather, organize and perform a proper statistical analysis of the hiring process, to identify any true disparities in hiring, and to defend against OFCCP s two forms of failure-to-hire claims. All Locations - Robert Speakman 9:15 What Companies and Outside Counsel Should Do When They Receive the Company s AAPs Your annual AAP is complete, now what? Learn what the next steps should be with your AAP and how to mine its data to help your company or client develop strategic plans to hire and retain a diverse workforce reviewing with your leadership, developing your outreach, data metrics and candidate sourcing requirements and recordkeeping, discussing placement goals with recruiters, and more. Chicago - Linda Cavanna-Wilk & John Fox Washington, DC & San Francisco - Candee Chambers & John Fox 10:30 Refreshment Break 10:45 How to Put Together a Database to Statistically Analyze Compensation Discrimination We'll cover the structure of pay analyses today and the data that every company should be gathering, organizing and coding to be able to run a meaningful analysis either for their private use or to withstand OFCCP audit, and also identifying employer practices that undermine the quality of their data. All Locations - Robert Speakman 11:45 The Difference Between Government Contracts Which Vest OFCCP with Jurisdiction and Federal Financial Assistance Which Does Not (Except Construction) Not all federal contracts precipitate OFCCP coverage. It is a tricky analysis, but one which causes tens of thousands of federal contractors to annually not be Government contractors covered by OFCCP. We will parse covered from not covered, and dispel the mystery of it all. All Locations - John Fox 1:15 Adjourn PROGRAM CHAIR John C. Fox, Esq., is the President, a founder and a Senior Partner of Fox, Wang & Morgan P.C., headquartered in Los Gatos, California, in the heart of the Silicon Valley. Mr. Fox is an across-the-board employment lawyer who leads large and complex litigation matters in state and federal courts, in cases involving trade secrets, wage-hour and discrimination class actions, employee misclassification, wrongful termination, corporate investigations, OFCCP audits and the use of statistics in employment matters. He also provides business and strategic advice for a wide range of companies nationwide relating to their employment practices and helps build employment systems in a way designed to minimize legal risk.

5 PROGRAM CHAIR JOHN C. FOX, Esq. Fox, Wang & Morgan P.C., Los Gatos, California FACULTY BRIAN W. BULGER, Esq. Cozen O'Connor Chicago, Illinois LINDA CAVANNA-WILK, Esq. Ford Harrison New York, New York CANDEE J. CHAMBERS, SPHR, SHRM-SCP, SR. CAAP DirectEmployers Association Indianapolis, Indiana JENNY R. GOLTZ, Esq. Cozen O'Connor Chicago, Illinois JOAN E. MOORE, J.D., SPHR The Arbor Consulting Group, Inc. Northville, Michigan ROBERT B. SPEAKMAN, Jr., Ph.D. Economists Incorporated Washington, DC JULIE L. TRESTER, Esq. Cozen O'Connor Chicago, Illinois CONTINUING LEGAL EDUCATION / PDC / CEU CREDIT The one-day Workshop is approved for between CLE / PDC / CEU hours and the two-day Update is approved for between CLE / PDC / CEU hours, depending upon the jurisdiction. NELI applies for credit from all MCLE states. Contact us for approval status. For CLE credit, complete box on registration form. NELI will provide certificates of attendance. NELI is a State Bar of California MCLE approved provider, is recognized by most professional associations as an approved CEU/ PDC/CPE provider in this industry, and is an approved provider of SHRM and HRCI for recertification credit. AFFIRMATIVE ACTION PUBLICATIONS AFFIRMATIVE ACTION WORKBOOK Thursday/Friday participants will receive this Workbook. Available in print and searchable PDF format. Completely revised, the 35th Annual Affirmative Action Workbook supports this year's Affirmative Action Update agenda. We wish to thank John C. Fox, Esq. with Fox, Wang & Morgan, P.C., editor of this Workbook, for his diligent work and contribution to the program series. Contents: Recent Significant EEO Developments The Latest on OFCCP s Compensation Audits / Lawsuits Legal and Regulatory Wrinkles as They Relate to Evergreen Jobs LGBTQ Rights Under EO and Title VII The Difference Between Disparity Analysis and Adverse Impact Analysis and Why It Matters Creating a Database to Statistically Analyze Hiring Discrimination What Companies and Outside Counsel Should Do When They Receive the Company s AAP Creating a Database to Statistically Analyze Compensation Discrimination The Difference Between Government Contracts and Federal Financial Assistance Print Version: $ Searchable PDF: $ Print & PDF: $ AFFIRMATIVE ACTION RESOURCE MANUAL Wednesday Workshop participants will receive this Manual. Available in print and searchable PDF format. This Manual is prepared especially for federal contractors and subcontractors, as well as those employers which are not contractors but wish to develop voluntary Affirmative Action Plans using federal contractor requirements under Executive Order as a model. Experienced Affirmative Action Program writers, planners and managers will also find this Manual useful to update or upgrade existing Affirmative Action Programs and to identify new approaches to affirmative action planning. The chapter containing a Model Affirmative Action Program has been revised and updated to provide a boiler-plate AAP which conforms with all current requirements from the OFCCP. Contents: AAP Architecture Issues: All The Details OFCCP Has Not Written Down Affirmative Action Program Workbook (step-by-step approach to writing/revising an AAP) Miscellaneous Documents re: Affirmative Action Compliance Essential Components of an AA Program Implentation of Your AAP Instructive Power Points for this Manual Print Version: $ Searchable PDF: $99.00 Print & PDF: $169.00

6 NATIONAL EMPLOYMENT LAW INSTITUTE P.O. Box 1189 Golden, CO (303) NON-PROFIT ORG. U.S. POSTAGE PAID SAN DIEGO, CA PERMIT NO. 397 IF UNDELIVERABLE TO ADDRESSEE, PLEASE ROUTE TO EMPLOYMENT LAW DEPARTMENT / HUMAN RESOURCES Please send address changes to neli@neli.org NATIONAL EMPLOYMENT LAW INSTITUTE 35th Annual Advanced Level AFFIRMATIVE ACTION UPDATE: The OFCCP In Transition This ever-evolving program is molded to capture the newest compliance obligations OFCCP imposes by way of audit and regulation and to provide Government contractors timely and practical tools to implement these new requirements. Chicago, IL October 12-13, 2017 The Gwen Washington, DC October 19-20, 2017 W Washington DC San Francisco, CA October 26-27, 2017 Westin St. Francis Update approved for CLE / PDC / CEU credits in all states. Pre-Update Full Day AFFIRMATIVE ACTION WORKSHOP Including How to Write and Update AAPs Chicago - October 11 San Francisco - October 25