Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers

Transcription

1 Get Real About Your Good Faith Efforts: What The OFCCP Really Expects From Employers Janine N. Truitt

2 What will I take away from this session? You will learn: o Where the OFCCP is headed and how it will impact you as a HR Practitioner. o The difference between social responsibility and compliance. o What a real good faith effort looks like. o Best practices you can implement that allow you to comply with OFCCP regulations in a meaningful way.

3 A Little History on OFCCP Image courtesy of: Utah.gov

4 The Founding Fathers of OFCCP Compliance Did you know? o The first executive order (EO 8802) was signed into law by FDR in o A decade later President Truman signs EO for the oversight of federal contractor compliance with non-discrimination provisions of EO 8802.

5 The Founding Fathers of OFCCP Compliance Did you know? o In 1953, President Eisenhower signed EO furthering the principle that federal contractors had to comply with the US EEO program through the appointment of an actual committee. o March 6, 1961, EO is signed by President Kennedy ensuring that government contractors take affirmative action that applicants are employed regardless of race, creed, color, or national origin. Via History of EO DOL.gov

6 Vision for a Great Society via Lyndon B. Johnson We seek not just freedom but opportunity. We seek not just legal equity, but human ability, not just equality as a right and a theory but equality as a fact and equality as a result.

7 The Current Focus of OFCCP o Educating workers about their rights. o Inspecting workplaces to make sure they are free of discrimination. o Securing good job opportunities for victims of discrimination. o Recovering back wages, interest and benefits for affected workers. o Changing bad employment policies and practices to keep discrimination from happening again. Via The Director s Corner at dol.gov

8 September 2013 = OFCCP Settlements Honest mistakes or blatant discrimination? Case No OFC-0004 Medtronic Interventional Vascular Manufacturing Facility is ordered to pay $290,000 plus interest to 78 entry-level Hispanic workers. Bank of America ordered to pay out 2.2 million dollars to over 1,100 unsuccessful African-American applicants in 1993 and years Case No OFC $100,000 and other relief awarded to 198 female applicants in a hiring bias case with C & S Wholesale Groceries. Via Outsolve-HR.com and DOL.gov

9 Social Responsibility I will proactively seek out and hire minorities, females, veterans, and differently-abled individuals regardless of my affirmative action goals. Vs. Compliance I will hire just enough minorities, females, veterans and differently-abled to satisfy my affirmative action requirements. I will ensure that we screen and interview all candidates that are best qualified to fill our positions regardless of race, creed, color, national origin etc. I will screen and interview at least one or more persons other than the candidate I really want to show good faith effort. Is it better to be proactive or reactive?

10 Good + Faith+ Effort How good are your efforts? Image courtesy of Wikipedia

11 GFE s in the Past Blast all jobs through diversity compliance vendor or handle manually with no checks and balances. Less emphasis on the viability and type of GFE. As long as your jobs were posted on state ESDS you were compliant. Less emphasis on differentlyabled and veteran demographics. GFE s in the Present Blasting your jobs through a diversity compliance vendor is best, but you must have a way to check the efficiency of the efforts. Quality over quantity. Be more intentional about your outreach, numbers are less of a concern. Real partnerships between ESDS and other outreach partners. Big push for outreach to veterans and differently-abled populations.

12 OFCCP GFE Checklist Review your diversity outreach efforts regularly. Evaluate which GFE s are working and get rid of those that are not providing ROI. Make sure you have sent your letters to all of your ESDS to ensure you are compliant with the new ruling. Research diverse community organizations and events- and get involved. Don t stop making the effort because you have met underutilization goals.

13 Any Questions? Thank you for attending! Contact me at or talentthinkinnovations.com Connect with me on LinkedIn, G+- I m everywhere!