Affirmative Action 101. Kairos Services, Inc.

Transcription

1 Affirmative Action 101 Presented by: Nicolas Paul Kairos Services, Inc.

2 Agenda Covering the Basics Secrets for Improving your AAP Results Adverse Impact Shortfall Back Pay Applicant Flow & Dispositions OFCCP Audit Hot Topic Websites Compliance Veteran and Disability Data Collection & Analysis

3 Coverage

4 Who must prepare written AAPs? Criteria for AAP 50 or more employees A contract of $50,000 or more Government bills of lading reasonably expected to total $50,000 or more A depository of Government funds

5 Consequences of Non-Compliance Back pay or other financial remedies Negative Press Company wide debarment

6 Data as of and AAP Plan Year Dates

7 What The Dates Mean AAP Year The 12 month period during which the AAP is valid Example: An AAP year can be from January 1 to December 31, 2016 (calendar year of 2016) Data Dates for AAP The workforce snapshot date ( as of date) The personnel actions used for the preparation of this AAP would be for the prior 12 months (calendar year of 2015)

8 What are my options for organizing my AAP?

9 The Basics Options in organizing your AAPs Standalone Roll to AAP with Manager Roll to AAP where HR function is that supports group Considerations in the final decisions Accountability Narrowing risk

10 The Reports

11 Basic AAP Required Reports Workforce Analysis Job Group Analysis Availability Analysis Incumbency vs. Availability Placement Goals Prior Year Placement Goals

12 Job Groups and the Job Group Analysis

13 Creating Job Groups Job Group Creation Job Content Opportunity/Progression Salary

14 Job Group Analysis The basic unit of analysis Foundation for the rest of your AAP Goals Adverse Impact Hiring Promotions Terminations

15 Availability and the Availability Analysis

16 Availability Analysis What is External Availability? What is Internal Availability? What is Weighting?

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18 Final Availability and Underutilization

19 Final Availability What is Final Availability? The representation of females and minorities you should have given your external and internal practices of hiring, promoting and transferring people into a particular job group.

20 Underutilization What is Underutilization? Having materially fewer minorities or women in a particular job group than would be reasonably expected given availability.

21 Comparison of Incumbency to Availability

22 I m underutilized. Now what?

23 Placement Goals Current Year Placement Goals Goals = Availability Placements Hires Promotions

24 Prior Year Goals

25 Prior Year Placement Goals Report 33.3%? Minority Goal for Administrative Support Total hires into this job group = 7 (0 are Minorities) Total promotions into this job group = 6 (1 is Minority) How many total placements were there into this job group? (Hint: Placements = Hires + Promotions) How many of these were Minority placements?? What was the Minority placement rate? Was the goal accomplished?

26 Improving Your AAP Results Re-create Job Groupings Re-visit Census Mapping External vs. Internal Availability Weights Recruitment Areas Feeder Pools

27 How do I show my good side?

28 Improving Your AAP Results Re-create Job Groupings Re-visit Census Mapping External vs. Internal Availability Weights Recruitment Areas Feeder Pools

29 Today s most important lesson

30 Impact Ratio Analysis Adverse Impact Shortfall Back Pay

31 Adverse Impact What is Adverse Impact? A substantially different rate of selection in hiring, promotions or termination Comparison of favored group vs disfavored group

32 Standard Deviation What is a Standard Deviation? Standard deviation is a numerical value used to indicate how widely individuals in a group vary. If individual observations vary greatly from the group mean, the standard deviation is big; and vice versa.

33 What Are The Odds? Standard Deviation Chance Hand of Cards (approx) 1.0 SD 3.2 in 10 1 Pair 2.0 SD 5 in Pair 3.0 SD 3 in 1,000 Straight 4.0 SD 6 in 100,000 4 of a kind 5.0 SD 6 in 10 million Royal Flush 6.0 SD 2 in 1 billion Something is amiss!!

34 TECHNOLOGY INC. Dallas, Texas IMPACT RATIO ANALYSIS NEW HIRES 1/11/15-12/31/15 LABORERS & HELPERS (8) Category Hired Applicants Selection Impact Factor Adverse Std. Rate Ratio Impact Dev. Non-Minority % 238.3% FAVORED NO Minority % 42.0% YES 3.20 Black % 0.0% YES 3.84 Hispanic % 110.5% NO Asian % 59.7% YES Native Amer % 0.0% YES* TOM % 0.0% YES* Male % 234.0% FAVORED NO Female % 42.7% YES 2.09

35 Shortfall Defined and Calculated Shortfall : the number of positions a company falls short of selecting. How is it calculated?

36 Shortfall Calculation Laborers Job Group 660 x 4.4% = = 13

37 Back Pay What is Back Pay? It is not a Fine or a Penalty It is the Value of a Position How is Back Pay Calculated? Start with Shortfall x average annual salary

38 Back Pay Calculation Laborers Job Group $8 x 2080 = $16,640 $16,640 x 13 = $216,320

39 Big Numbers are Bad Numbers Job Group: Managers & Supervisors (1) Category Hired Applicants Selection Impact Factor Adverse Std. Rate Ratio Impact? Dev. Job Group: Managers & Supervisors (1) Category Hired Applicants Selection Impact Factor Adverse Std. Rate Ratio Impact Dev. Non-Minority % 100.0% FAVORED NO Minority % 100.0% NO Black % 200.0% NO Hispanic % 0.0% YES* Asian % N/A NO Non-Minority % 100.0% FAVORED NO Minority % 100.0% NO Black % 200.0% NO Hispanic % 0.0% YES* Asian % N/A NO Native Amer % N/A NO TOM % N/A NO Male % 40.0% YES 0.89 Female % 250.0% FAVORED NO Native Amer % N/A NO TOM % N/A NO Male % 40.0% YES 1.26 Female % 250.0% FAVORED NO

40 Big Numbers are Bad Numbers Job Group: Managers & Supervisors (1) Category Hired Applicants Selection Impact Factor Adverse Std. Rate Ratio Impact Dev. Non-Minority % 100.0% FAVORED NO Minority % 100.0% NO Black % 200.0% NO Hispanic % 0.0% YES 1.58 Asian % N/A NO Native Amer % N/A NO TOM % N/A NO Male % 40.0% YES 1.79 Female % 250.0% FAVORED NO Job Group: Managers & Supervisors (1) Category Hired Applicants Selection Impact Factor Adverse Std. Rate Ratio Impact? Dev. Non-Minority % 100.0% FAVORED NO Minority % 100.0% NO Black % 200.0% NO Hispanic % 0.0% YES 3.16 Asian % N/A NO Native Amer % N/A NO TOM % N/A NO Male % 40.0% YES 3.58 Female % 250.0% FAVORED NO

41 More Back Pay? In addition to wages, OFCCP s calculation of back pay includes: Benefits Overtime Shift differentials Raises Bonuses

42 What s the big deal about Applicant Flow Logs?

43 Common Applicant Flow Issues No applicant flow data High applicant to hire ratios Low applicant to hire ratios Lack of race/gender/veteran/iwd identification Recruitment source data Dispositions, Dispositions, Dispositions!!!

44 Website Compliance Updated EEO Tagline (for home and careers webpages) Language for Reasonable Accommodation Requests (for careers webpage) Language for EEO is the Law" Poster (for careers webpage) E-Verify (for careers webpage)

45 Veterans and Individuals with Disabilities Data Collection & Analysis

46 Veteran Data Collection Pre-Offer Yes / No / Refuse to Answer Post-Offer Yes / No / Refuse to Answer / Yes but refuse to answer category Yes Categories Disabled Veteran Recently Separated Veteran Active Wartime or Campaign Badge Veteran Armed Forces Service Medal Veteran Resurvey Not Required HRIS / ATS Fields

47 Have I met my hiring benchmark?

48 Disability Data Collection Pre-Offer Yes / No / Refuse to Answer Post-Offer Yes / No / Refuse to Answer Resurvey Every Five Years Reminder during the intervening five years HRIS / ATS Fields

49 SECTION 503 UTILIZATION REPORT

50 SECTION 503 UTILIZATION REPORT

51 SECTION 503 UTILIZATION REPORT For Additional Information contact: Nicolas Paul Director of Operations Phone: (972) Attendees of today s session are eligible to receive the following forms/toolkits by request: -EEO Policy Statement -Equal Opportunity Clause -Self Identification & Race/Ethnic Identification -EEO-1 Job Category Definitions -Sample Language for Employment Agency Letter -Sample Language For Recruitment Source Letter -Race-Gender Invitation to Self-Identify -Genetic Information Nondiscrimination Act Of VEVRAA/Section 503 Checklist -Sample Language For Letter to State Employment Agencies -Sample Language For Targeted Outreach Letter -Sample Vendor Notification Letter -Veterans Pre-Offer Invitation To Self-Identify -Veterans Post-Offer Invitation To Self-Identify -Disability Pre/Post-Offer Invitation To Self-Identify -EEO Tagline for Job Ads in Print or Online -Website Compliance Checklist -Tools for Self Assessment for Veterans and IWDs