How to Prepare for an OFCCP Audit: Are You Ready for a Compliance Evaluation?
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1 How to Prepare for an OFCCP Audit: Are You Ready for a Compliance Evaluation? November 8, 2011 Visit BCGi Online If you enjoy this webinar, Don t forget to check out our other training opportunities through the BCGi website. BCGi Standard Membership (free) Online community Monthly webinars on EEO compliance topics EEO Insight Journal (e-copy) BCGi Platinum (paid) Membership ($199/year) Fully interactive online community Includes validation/compensation analysis books EEO Tools including those needed to conduct AI analyses EEO Insight Journal (e-copy and hardcopy) Members only webinars and training and much more HRCI Credit BCGi is an HRCI Preferred Provider CE Credits are available for attending this webinar Only those who remain with us for at least 80% of the webinar will be eligible to receive the HRCI training completion form for CE submission
2 About Our Sponsor: BCG Assisted hundreds of clients with cases involving Equal Employment Opportunity (EEO) / Affirmative Action (AA) (both plaintiff and defense) Compensation Analyses / Test Development and Validation Published: Adverse Impact and Test Validation, 2 nd Ed., as a practical guide for HR professionals Editor & Publisher: EEO Insight an industry e-journal Creator and publisher of a variety of productivity Software/Web Tools: OPAC (Administrative Skills Testing) CritiCall (9-1-1 Dispatcher Testing) AutoAAP (Affirmative Action Software and Services) C 4 (Contact Center Employee Testing) Encounter (Video Situational Judgment Test) AutoGOJA (Automated Guidelines Oriented Job Analysis ) COMPare: Compensation Analysis in Excel 4 About Our Guest Presenter Sandra Hueneman President Manchester Consultants (847) Retired OFCCP positions include: Compliance Officer, Sr. Regional Liaison Specialist, Assistant District Director, Program Analyst and Acting District Director for the Chicago District Office 5 How to Prepare for an OFCCP Audit: Are You Ready for a Compliance Evaluation? November 8, 2011
3 Introduction Today, we will discuss the OFCCP Compliance Evaluation in 2011, the importance of Federal contractors and sub-contractors in being prepared, and what to do if your company is selected. Covered Topics OFCCP Compliance Evaluation in 2011 What to document and Why What to review and consider prior to submission of AAPs and Why What to do once AAPs are submitted and Why The AAP through the eyes of OFCCP at Desk Audit Additional data requests Compliance evaluation results and resolution DOL s Enforcement Database OFCCP Compliance Evaluation in 2011 Under Active Case Enforcement (ACE) Effective January 1/1/11 Selection Notification Full Desk Audit Full Compliance Review every 25 th contractor establishment regardless of indicators Indicators of potential discrimination may be of an individual and/or class (i.e., two or more victims) nature Contractor s compliance with Executive Order Contractor establishments excepted from FCCS scheduling ACE Frequently Asked Questions
4 OFCCP Compliance Evaluation in 2011 What is different today? ACE vs. ACM OFCCP Triage Process Aggressive Enforcement Quality Assurance Open Gov Enforcement Database Selected for a Compliance Evaluation What to Document and Why Maintain accurate records of what transpires a listing of what materials were reviewed by the CO a record of what information was communicated to the CO verbally a copy of all documents sent to the OFCCP or provided to OFCCP during the onsite a record of each telephone contact with OFCCP should be documented with date, time, person making contact, and substance of conversation. notes taken during the on-site review along with a summary of each day s activities, areas discussed, persons interviewed, and subjects discussed during interviews with managers and supervisors What to Review and Consider Prior to Submission of AAPs Results of Impact Ratio Analysis (IRA) of Personnel Activity Results of Compensation Analysis Review prior results of prior OFCCP compliance evaluations Review and understand commitments made in the AAPs
5 What to do once AAPs are submitted Update or create a Brag Book Posters and EEO Policy Statement Meeting with all managers and supervisors EEO complaints filed internally and externally Continue to review and resolve any outstanding issues, as may be appropriate. The AAP Through the Eyes of OFCCP at Desk Audit Workforce Structure, Personnel Policies and Procedures Good Faith Efforts Potential Discrimination OFCCP Onsite Entrance conference A review of OFCCP s pre-onsite letter requesting additional information Company Tour Interviews Request for additional documents/files Exit conference
6 Additional Data Requests from OFCCP Employment applications Company policies Collective bargaining agreements if not provided with the AAPs Personnel files for current or former employees A listing of accommodations requested and the status of such accommodations EEO complaints Interviews with current and former employees Interviews with selection officials or officials involved in making one or more employment decisions Results of OFCCP s Compliance Evaluation and Resolution Pre-Determination Notice Notice of Violations Notice of Compliance Show Cause Notice DOL s Enforcement Database and What it Means to Employers Open Gov Enforcement Searchable Database The outcome of all OFCCP compliance evaluations and complaint investigations such information that in the past was not available except through the Freedom of Information Act.
7 Questions
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