Being a Federal Contractor: What you should know about EEO Record Keeping Obligations, Posting Requirements, Etc. November 8, 2017

Transcription

1 Being a Federal Contractor: What you should know about EEO Record Keeping Obligations, Posting Requirements, Etc. November 8, 2017

2 Biddle Consulting Group Inc. Affirmative Action Plan (AAP) Consulting and Fulfillment Thousands of AAPs developed each year Audit and compliance assistance myaap Enterprise software HR Assessments Custom Test Development & Validation EEO Litigation Consulting /Expert Witness Services Compensation Analysis Publications/Books BCG Institute for Workforce Development Speaking and Training AutoGOJA online job analysis system TVAP test validation & analysis program CritiCall pre-employment testing for 911 operators OPAC pre-employment testing for admin professionals Video Situational Assessments (General and Nursing) High stakes test development Validation studies in response/prevention to litigation Over 200+ cases in EEO/AA (both plaintiff and defense) Focus on disparate impact/validation cases Proactive and litigation/enforcement pay equity studies COMPare compensation analysis software EEO Insight : Leading EEO Compliance Journal Adverse Impact (3 rd ed.) / Compensation (1 st ed.) 8,000+ members Free webinars, EEO resources/tools Regular speakers on the national speaking circuit 2

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4 A few housekeeping items: The webinar slides are located in the Handouts section of GoToWebinar. They can be downloaded from the Control Panel. HRCI & SHRM credits are offered for free, you will receive the credits within a week of the webinar ending. The credits will be ed via the address you provided when registering for the webinar. To receive these credits you must be present for the entire webinar. This webinar, along with all of our previously recorded webinars, is accessible to BCGi Platinum Members on our website. Biddle Consulting Group Institute for Workforce Development 4

5 Contact Information Biddle Consulting Group, Inc. (BCG) 193 Blue Ravine, Suite 270 Folsom, CA Criselda Cooper EEO/AA Consultant ext. 109 Michael Pati EEO/AA Consultant ext

6 Upcoming November & December Webinars Visit to register! November 15 ASE AAP/EEO & Diversity Conference 2017 November 15 Excel Tips (Pivot Tables, Shortcuts, Etc.) November 30 FTA Compliance 101: Keeping up with Circular A December 6 Ask a Consultant 6

7 Agenda What is a Federal Contract? What is a Federal Contractor? Basic EEO Requirements AAP and Other Obligations Beyond the Basic requirements Recommendations Q&A 7

8 What is a Federal Contract? A "Federal contract" is any agreement between a department or agency of the Federal Government and any person for the purchase, sale, or use of goods or services. A "Federal subcontract" is an agreement or arrangement with a Federal contractor either (1) for the furnishing of supplies or services or for the use of real or personal property, which is necessary to the performance of any one or more Federal contracts; or (2) under which any portion of the Federal contractor's obligation under any contracts is performed, undertaken, or assumed. Thus, some but not all contracts with a Federal contractor will trigger coverage under the laws administered by OFCCP. 8

9 What is a Federal Contractor? Two types of contracts: 1) Supplies and Services 2) Construction Prime Contractors Holds a contract directly with the Federal Government (i.e., department, agency, Armed Forces, etc.) Example: Motor vehicle company supplying cars to government employees Subcontractors Holds a subcontract with a prime contractor (or subcontract with a subcontractor) supplying goods and services to that prime contractor Example: The company who supplies rubber (sub) to the company that supplies tires (sub) to the motor vehicle company supplying cars (prime) to government employees 9

10 What is a Federal Contractor? Any business or organization that (1) holds a single Federal contract, subcontract, or Federally assisted construction contract in excess of $10,000; (2) has Federal contract or subcontracts that combined total in excess of $10,000 in any 12 month period; or (3) holds Government bills of lading, serves as a depository of Federal funds, or is an issuing and paying agency for U.S. savings bonds and notes in any amount will be subject to requirements under one or more of the laws enforced by OFCCP 10

11 What is a Federal Contractor? Three primary sets of regulations Executive Order Section 503 of the Rehabilitation Act Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) 11

12 What is a Federal Contractor? 12

13 What is a Federal Contractor? 13

14 What is a Federal Contractor? 14

15 Basic EEO Requirements The Basic EEO requirements of a Federal contractor are: Don't Discriminate Post EEO Posters Include the EEO Tag Line in Employment Advertising Keep Records Permit OFCCP Access to Books and Records During a Complaint Investigation or Compliance Evaluation File an Annual EEO-1 Report Your footer text here. 15

16 Basic EEO Requirements Don t Discriminate Federal contractors and subcontractors are prohibited from engaging in workplace employment discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status, or status as an individual with a disability. 16

17 Basic EEO Requirements Post the EEO Is The Law poster in a conspicuous place. Practice Tip #1: Different versions are available online, so make sure you use the most current version from EEOC or OFCCP s website (last revised Nov. 2009, see link below), or third-party vendor from which you obtain other required federal/state posters Practice Tip #2: Be sure to also post the EEO Is The Law Poster Supplement (last revised Sept. 2015) ( 17

18 Basic EEO Requirements 18

19 Basic EEO Requirements 19

20 Basic EEO Requirements 20

21 Basic EEO Requirements Include the EEO Tag Line in Employment Advertising Federal contractors and subcontractors are required to include a tag line at the bottom of job listings indicating compliance with equal employment opportunity and associated regulations (example: EOE/M/F). Beginning March 24, 2014, the requirement job announcement tagline was expanded to include reference to protected veterans and individuals with disabilities. 21

22 Basic EEO Requirements Include the EEO Tag Line in Employment Advertising (continued) For online purposes (where space is not costly and/or limited), the Office of Federal Contract Compliance Programs (OFCCP) would like to see all categories spelled out. However, where open positions are listed in newspaper ads, other print media print, and resources where costs are associated with each character included in the listing, the OFCCP will allow an abbreviated tag line (Be Aware: simply adding D and V for disability and veteran status is insufficient). Biddle Consulting Group (BCG) recommends: EOE/Minorities/Females/Vet/Disability, or EOE/M/F/Vet/Disability 22

23 Basic EEO Requirements Include the EEO Tag Line in Employment Advertising (continued) More descriptive tag lines may be used on main careers websites or other media where there are fewer character limitations: [Contractor] is an Equal Employment Opportunity Employer. The [contractor] provides equal employment opportunities to all qualified applicants without regard to race, sex, sexual orientation, gender identity, national origin, color, age, religion, protected veteran or disability status, or genetic information. 23

24 Basic EEO Requirements Keep Records Federal contractors are required to maintain any personnel or employment records made or kept by the contractor. Examples include: Job descriptions Job postings and advertisements Records of job offers Applications and resumes Interview notes Tests and test results Personnel files Written employment policies and procedures 24

25 Basic EEO Requirements Permit OFCCP Access to Books and Records During a Complaint Investigation or Compliance Evaluation When a complaint is filed against a Federal contractor, or when a Federal contractor is selected to undergo a compliance evaluation, the contractor is obligated to allow OFCCP access to its premises for the purpose of conducting an on-site investigation. The contractor must permit OFCCP to inspect and copy the books and records that may be relevant to the matter under investigation and pertinent to compliance with the requirements of Executive Order

26 Basic EEO Requirements File an Annual EEO-1 Report The Standard Form 100, Employer Identification Report (EEO-1 Report) requires that employers report on the number of employees by race, ethnicity and gender for each of ten (10) job categories. The EEO-1 Report must be filed annually by: All Private employers that are subject to Title VII and have 100 or more employees. All Federal contractors with 50 or more employees that have either (1) a contract, subcontract, or purchase order of $50,000 or more; or (2) serve as a depository of Government funds in any amount; or (3) is a financial institution that serves as issuing and paying agent of U.S. Savings Bonds and Savings Notes. 26

27 Basic EEO Requirements File an Annual EEO-1 Report (continued) Due to recent changes to EEO-1 reporting requirements, the 2017 EEO-1 filing is due by March 31, 2018 For more information, visit: 27

28 Complying with Section 503 & VEVRAA Regulations March 24, 2014 Section 503 and VEVRAA regulations came into effect. Prohibits federal contractors and subcontractors from discriminating in employment against protected veterans and individuals with disabilities. And requires employers to take affirmative action to recruit, hire, promote, and retain these individuals. 28

29 Complying with Section 503 & VEVRAA Regulations Requirements Job Announcement Tagline Sample Equal Opportunity Employer/Vet/Disability or EOE/Vet/Disability [Contractor] is an Equal Employment Opportunity Employer. The [contractor] provides equal employment opportunities to all qualified applicants without regard to race, sex, sexual orientation, gender identity, national origin, color, age, religion, protected veteran or disability status, or genetic information. 29

30 Complying with Section 503 & VEVRAA Regulations Requirements EO Policy Statement Federal contractors and subcontractors are required to update their policy statement to indicate the top US executive s support for the affirmative action program. The policy statement must be included in the AAP and posted in conspicuous area visible to applicants and employees Policy Statement.pdf 30

31 Complying with Section 503 & VEVRAA Regulations Requirements Electronic Posting of EEO Rights Federal contractors and subcontractors may notify employees and applicants of their EEO rights electronically; however, contractors and subcontractors must provide employees with computers or must have actual knowledge that the electronically posted notice is otherwise accessible. Notices must be posted in a conspicuous location on the company s intranet or notices to all employees. 31

32 Complying with Section 503 & VEVRAA Regulations Requirements Notice to State Employment Service Delivery System (ESDS) Federal contractors and subcontractors are required to advise the state employment service that it is a contractor complying with VEVRAA, and that the contractor provide: 1. Indication that it is a federal contractor 2.A desire for priority referrals, and 3. Contact information for the hiring official for each location in the state with openings State Employment Service Delivery System.pdf 32

33 Complying with Section 503 & VEVRAA Regulations Requirements Notice to State Employment Service Delivery System (ESDS) (continued) Exceptions to VEVRAA s listing requirements include: 1. Position filled by internal means only (i.e., through transfer, promotion, or from recall lists only) 2. Positions lasting less than three days, and 3. Executive and top management positions 33

34 Complying with Section 503 & VEVRAA Regulations Requirements Notification to Labor Organization Federal contractors/subcontractors must send out notification of affirmative action efforts to labor organizations informing them of the company s commitment to take any affirmative action to employ and will not discriminate against protected veterans and individuals with disabilities. 34

35 Complying with Section 503 & VEVRAA Regulations Requirements Self-Identification of Disability/Protected Veteran Federal contractors/subcontractors are required to survey disability/protected veteran status information in the pre-offer, post-offer stages of the application process as well as soliciting the same information of current employees every five (5) years. With at least one reminder within five (5) years period. The OFCCP provided a Self-ID form for disability that contractors are required to use. DISABILITY FORM.pdf Pre-Offer Vets Form.pdf Post-Offer Vets Form.pdf 35

36 Complying with Section 503 & VEVRAA Regulations Requirements Data Collection Analyses Federal contractors/subcontractors are required to collect the following data: Number of all Applicants Number of Applicants who Self-Identified as IWD and Protected Veterans Number of Job Openings Number of Jobs Filled Number of Hires Number of Hires with Disabilities and/or who are Protected Veterans 36

37 Complying with Section 503 & VEVRAA Regulations Requirements Hiring Benchmark for Protected Veterans and Utilization Goal for Individuals with Disabilities The OFCCP established a hiring benchmark for protected veterans and utilization goal for individuals with disabilities. They have stressed that failure to meet the benchmark and goal is NOT a violation. However, if deficient, the contractor must identify where impediments to EO exist and develop action oriented programs/good faith efforts. 37

38 Complying with Section 503 & VEVRAA Regulations Requirements Hiring Benchmark VEVRAA Contractors must establish annual hiring benchmark in one of two ways: o May use national percentage of veterans in the CLF (currently 6.7%), or o A contractor may establish its own benchmark by taking into account the following five (5) factors: The average percentage of veterans in the CLF in the state where the contractor is located Number of veterans in state ESDS over the past 12 months Applicant/hire data over past year Contractors own assessment of outreach and recruitment Any other related factor 38

39 Complying with Section 503 & VEVRAA Regulations Requirements Utilization Goal Individuals with Disabilities The OFCCP has established an aspiration goal of 7% for individuals with disabilities. The 7% was calculated by utilizing the population with disability of 7.4% and the civilian labor force with disability of 5.7% o 7% for the entire workforce if contractor has 100 or fewer employees o 7% will be applied to each job group if organization has more than 100 employees * The OFCCP may review and update (as appropriate) the utilization goal established 39

40 Complying with Section 503 & VEVRAA Regulations Requirements Contract/Subcontract required citations EO Clause must be included in government contracts, subcontracts, amendments to contracts, modifications, renewals, and/or extensions in excess of $15K signed after March 24, 2014 and include the following bolded text: This contractor and subcontractor shall abide by the requirements of 41 CFR (a), (a) and (a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. 40

41 Complying with Section 503 & VEVRAA Regulations Requirements Notification to Subcontractors and Vendors Contractors must sent out notification of affirmative action efforts to all subcontractors, vendors, and suppliers requesting appropriate action on their part. Measurement of Effectiveness of Outreach and Recruitment Contractors must annually review the outreach and recruitment efforts it has taken over the past 12 months to evaluate their effectiveness in attracting and employing protected veterans and individuals with disabilities. Additionally, the contractor must: 41

42 Complying with Section 503 & VEVRAA Regulations Measurement of Effectiveness of Outreach and Recruitment (continued) Document each evaluation; Include, at minimum, the criteria used to evaluate the effectiveness of each effort; Indicate whether the effort was effective or not effective; Retain the most three (3) recent years of data collected according to the revised regulations; and Identify and implement alternative efforts if previous efforts were found to be not effective in employing and attracting veteran and individuals with disabilities 42

43 Recommendations Verify that you are a federal contractor and confirm the amount of the corresponding contracts to determine what jurisdictional thresholds you meet. Review all of the requirements and ensure that you have everything to be compliant. Create a checklist if necessary. Consider becoming a member of a local chapter of the Industry Liaison Group (ILG) to stay abreast with the new/constant changes in the regulations 43

44 Open for Questions 44