OFCCP NEW SCHEDULING LETTER AND ENFORCEMENT UPDATES

Transcription

1 OFCCP NEW SCHEDULING LETTER AND ENFORCEMENT UPDATES Neil Dickinson, SPHR Managing Partner HudsonMann

2 NEW OFCCP SCHEDULING LETTER AND ITEMIZED LISTING Effective September 30, 2014 Did not include proposed requirements to present activity by job title and provide promotion pools Being used for all current compliance reviews

3 TEST TIME! Q: The OFCCP anticipates it will take Suzy hours to prepare a compliance review submission with 11 requested items. How long does the OFCCP anticipate it will take Suzy to complete a compliance review submission with 22 requested items? A: 27.9 Hours

4 WHAT STAYED THE SAME 30 day response period AAP Reporting Timeframe current year s AAP, previous year s analysis, 6 month update Minorities/Women AAP reports: organizational profile, job groups, availability, utilization, placement goals, goal reporting 3 years of EEO1 reports

5 WHAT WAS MODIFIED Activity Reports for Women and Minorities Compensation Data Submission Collective Bargaining Agreement

6 WHAT IS NEW Veteran Reporting and Supporting Documents IWDs Reporting and Supporting Documents

7 NEW ACTIVITY SUBMISSION By Job Group OR Job Title Applicants, Hires, Terminations, Promotions by Sex and Racial Category May use 5 race categories (CFR) or 7 race categories (EEO1) Unidentified applicants must be included

8 NEW ACTIVITY SUBMISSION Include "a definition of 'promotion as used by the company and the basis on which they were compiled (Ex. Promotions from Job Group or To Job Group Promotions by Job Title should include the department and job group from which and to which the person was promoted

9 RECOMMENDATIONS FOR IMPACT RATIO ANALYSES Continue to use Minority/Non-Minority in AAP s IRA Separate from AAP Analysis -Favored race vs. each individual race -Favored race vs. all other races IRAs by Job Title with 5 or more applicants/incumbents Focus on Hiring When statistically significant impact occurs? Don t freak out

10 NEW COMPENSATION SUBMISSION Employee Level Compensation for all employees on payroll including contract workers Data should coincide with workforce analysis (1 st day of new plan year) Employee ID Gender Race/Ethnicity Job Group Job Title Hire Date

11 REQUIRED COMPENSATION 12 month period preceding the date of the analysis: Base Salary/Wage Rate Hours Worked in Typical Week Bonuses Incentives Commissions Merit Increases Overtime

12 OPTIONAL ADDITIONAL PAY FACTORS Education Experience Location Performance Ratings Department/Function Merit Increases Pay band/level/grade Others not listed: Job Status, Shift Differential, Time in Position, Work Contract, People Managed, Certifications

13 REQUIRED COMPENSATION Documentation and polices related to compensation Examples: Pay structure guides, job descriptions, market surveys

14 RECOMMENDATIONS FOR COMPENSATION Provide as many additional pay factors and as much supporting documentation as possible on front end Perform internal pay equity analysis Cohort analysis at job title level Prepare for compensation interview Well defined, consistently applied compensation system

15 COMPENSATION INTERVIEW When discrimination indicators exist a telephone interview will be scheduled Broad questions on companies pay practices Does a compensation system exist What pay factors are used Promotion practices Who has oversight

16 NEW VETERAN AND DISABILITIES AAP SUBMISSIONS Results of the contractor s evaluation of their outreach and recruitment efforts Documentation of all actions taken to comply with the audit and reporting results of their affirmative action efforts Documentation of the comparisons of applicants and hires for individuals with disabilities and veterans (6 month update)

17 NEW VETERAN AND DISABILITIES AAP BENCHMARKS AND UTILIZATION 7% utilization analysis for IWDs at Job Group or Establishment level (6 month update) 7% hiring benchmark report (6 month update)

18 ADDITIONAL DISABILITIES DOCUMENTATION Reasonable accommodation polices and results of any requests Most recent assessments of personnel process -consideration of disabled applicants and employees for promotion or hire -training to ensure disabled employees and applicants are not stereotyped Review of all physical and mental job qualification to ensure non-discrimination for IWDs

19 VETERAN AND DISABLED RECOMMENDATIONS Have AAP Narratives, policies, and processes in compliance with new regs Have new tracking requirements for IWDs and Veterans in place If you do not have hiring comparison, benchmark, or utilization reports in place then be able to demonstrate a plan to come into compliance

20 COLLECTIVE BARGAINING AGREEMENT Copy of CBA Policy statements, employee notices or handbooks, etc., that implement, explain, or elaborate on the provisions of the CBAs.

21 ADDITIONAL OBSERVATIONS Not required in scheduling announcement but still normally requested during review: State Job Postings VETS-100A EO Clause Online Accessibility

22 ADDITIONAL OBSERVATIONS Electronic Submissions for compliance reviews becoming more common and may save time Impact of new compensation data submission has been felt by increasing length and scope of compensation reviews Impact of providing detailed race activity and additional Veterans and Disabled reporting to be determined

23 Thank you! Any questions?