5048 June 3, 2013 R00181301 VIA EMAIL TRANSMISSION Dear : Attached is a request for additional data that should expedite the compliance review process. The requested materials are not intended to be all-inclusive and will not preclude the investigation of other areas of concern or requests for additional information which may occur during the remainder of this review. Please provide the requested information listed on the enclosure within seven (7) days of your receipt of this letter. If you have any questions concerning this request for additional documentation, do not hesitate to contact me at (402) 221-3252 or my supervisor, Assistant District Director Clarence H. Wood, Jr. at (402) 221-3212 during normal business hours. Sincerely, SUSAN PLATT Compliance Officer U. S. Department of Labor Office of Federal Contract Compliance Programs Omaha, NE (402) 221-3252 Enclosure: List of Requested Intonnation
Additional Information Request Page 1 of2 LIST OF REQUESTED INFORMATION Upon further review of the information provided by you on behalf of Nebraska, OFCCP is requesting the following data: 1. Any information on complaints filed against the location under audit with federal, state or city civil rights agencies in the past 24 months. This should include the name of the individual filing the complaint, their race, gender, job title, basis for the complaint and any findings. 2. Copies of all personnel action forms (e.g. performance evaluations, disciplinary actions, termination, request for promotions or transfers, employee requisitions, physicals, bid sheets/job postings, etc.). Please submit both paper and electronic formats if different. 3. A list of employees who have taken short term disability leave in the past two (2) years, with the following information: (a) name, (b) date of leave, job title and salary, ( c) date of return,job title and salary, and (d) if the employee did not return, provide documentation to substantiate the reason why. Indicate any women who took maternity-related leave during above time period. For those employees who did not return from leave, provide the last known address and telephone number. Also, provide their current employment status with the facility and a copy of the maternity leave policy. 4. A list of hires (since October 1,2011) that have self-identified as individuals with disabilities, disabled veterans, and/or Vietnam era veterans, including the job for which they were hired. 5. A list of employees identified as covered veterans and individuals with disabilities, indicating name, gender, race, job title and date of hire. 6. A listing or evidence of any reasonable accommodation requests made (including those approved and denied) for the physical and mental limitations of (a) persons with disabilities, or (b) disabled veterans within the last 24 months. Include each individual's name, job title, date of request, and identify whether each request was granted or denied. 7. The number and identity of partnerships with: (a) local veterans' service organizations to advance covered veterans; and (b) disability referral sources to advance individuals with disabilities. 8. Evidence of any outreach to Community-Based Organizations, Veteran's Organizations, or any other organizations relevant to job posting and Equal Employment Opportunity/Affirmative Action efforts in the last 24 months. 9. Provide documentation demonstrating that established a liaison with the state workforce agency job bank (Local Vets Rep) and the Department of Vocational Rehabilitation to facilitate the posting of job listings.
Additional Information Request Page 2 of2 10. Evidence of listing available jobs with the local state employment agency. 11. A sample of job po stings during the review period. 12. A list of all employees since October 1, 2011, who were not promoted because they did not meet medical job qualification requirements. 13. Copies of the three most recently reviewed and updated job descriptions in your organization that include any physical or mental job requirements. 14. Copies of Equal Employment Opportunity, Affirmative Action or other related job training documentation for employees and managers where applicable. 15. A list of employees requesting accommodation for religion and/or national origin, indicating name, position held, accommodation requested and/or made, if any. If request denied, provide the reason in detail. Also, OFCCP would like to confirm how your organization complies with the following requirements. 1. How and where does your organization post the location and hours during which the AAP may be reviewed by employees and applicants? 2. Ifnot directly addressed in the AAP, how does your organization review all physical and medical job requirements to ensure they are essential bona fide occupational qualifications directly relevant to the work being performed? 3. If not directly addressed in the AAP, how does your organization undertake appropriate outreach, recruitment and dissemination of Equal Employment Opportunity and Affirmative Action? 4. If not directly addressed in the AAP, how does your organization advise vendors and subcontractors with 50 or more employees and a current contract of $50,000 or more of their obligation to develop an AAP? 5. If not directly addressed in the AAP, how does your organization notify applicable vendors and subcontractors of their obligation to annually tile EEO-l Reports?
Subject: Attachments: FW: Data Request Form Vets and Disab Questionnaire.doc; ATT02551.htm Begin forwarded message: From: "Moses Harper, Gloria OFCCP" <Moses Harper.Gloria@dol.gov> Date: June 21, 2013, 2:03:17 PM CDT To: Subject: Affirmative Action Plan Veterans Questionnaire Dear Ms. <name omitted> Attached please find a Veterans Questionnaire. Kindly complete and return it within the next several business days. Thank you. Ms. Moses Harper Gloria Moses Harper Compliance Officer U.S Department of Labor OFCCP Baltimore District Office Phone: (410) 962 6494 1
Veterans and Disabled Persons AAP Interview Questionnaire COMPANY NAME: COMPANY ADDRESS: NAME OF INTERVIEWEE: TITLE OF INTERVIEWEE: DATE: 1. Are applicants and employees invited to identify themselves and individuals with disabilities and covered veterans? Yes No If so, when (if at the time of application/hire, is this process repeated): If so, how: Provide a copy of the invitation for verification. 2. Is the location and time that the AAP is available for viewing posted? Yes No If so, where: 3. Are all physical and mental job requirements reviewed? Yes No If so, by whom and how often: Provide a copy of a job description for verification. 4. Have you listed jobs with the State Employment Service during the review period? Yes No
Provide copies of all listings from the State Employment Service during the review period or the name and phone # of contact used if no such copies are available. Also, provide a copy of the current VETS-100 or VETS-100A report. 5. Have you undertaken outreach, recruitment, dissemination of policy, and other affirmative action for persons with disabilities and covered veterans? Yes No If so, please describe: Provide documentation of all requests for referral of applicants and responses received during the review period. Also, provide the information on the disposition of all applicants who were referred. 6. Has the company offered to reasonably accommodate physical and mental limitations of qualified employees and applicants who are individuals with disabilities or special disabled veterans? Yes No If so, provide a list of names, job titles, salary, and accommodations made for those employees who were provided accommodations (these may be in the form of equipment provided or in flexible scheduling arrangements etc.). 7. Have any requests for accommodation been denied? Yes No If so, provide the name & title of who was denied an accommodation, when the request was denied, a description of the accommodation requested, and the reason why the request was denied. 8. Do application forms request information on medical conditions or type of military discharge? Yes No If so, for what purpose?
Provide a copy of the application form. 9. Does the company have a policy manual for personnel? Yes No If so, are there any medical restrictions on employment? Yes No If so, who is responsible for enforcing them? If so, what are the restrictions? If so, why are the restrictions in place? Please provide a copy of the policy manual for verification. 10. Do any position descriptions have medical restrictions? Yes No If so, describe the restrictions and the rationale behind them: 11. Does the company require physical examinations of any of its employees? Yes No If so, for what purpose? ATTESTATION: I have read the statements above and they are true: Name Title Date
COMPENSATION POLICY QUESTIONAIRE DATE: COMPANY NAME: REPRESENTATIVE INTERVIEWED: TITLE: 1. WHO DETERMINES THE SALARY RANGES FOR EACH JOB? 2. WHAT FACTORS ARE CONSIDERED IN SETTING WAGES? 3. WHO DETERMINES THE RATE OF PAY THAT AN EMPLOYEE RECEIVES AT THE TIME OF HIRE? 4. DOES AN APPLICANT HAVE THE FLEXIBILITY TO NEGOTIATE? 5. DOES EACH EMPLOYEE HAVE THE POTENTIAL TO REACH THE MAXIMUM OF A GRADE? 6. HOW ARE SALARY INCREASES DETERMINED? HOW OFTEN ARE THEY ADMINISTERED? 7. ARE THERE ANY EXCEPTIONS? 1 OF 3
8. WHAT AND WHO DETERMINES THE RATE OF SALARY INCREASE? 9. DOES A MANAGER HAVE A SPECIFIC BUDGET ALLOTMENT? IF NOT, HOW DOES HE/SHE KNOW WHAT MONEY IS AVAILABLE FOR INCREASES? 10. ARE SLARY INCREASES MONITORED? 11. WHAT MAY BE THE BASIS FOR DENYING AN EMPLOYEE AN INCREASE? 12. FOR HOW LONG MAY AN INCREASE BE DENIED ON THE BASIS OF POOR PERFORMANCE? 13. ARE THERE OTHER AUTHORITIES TO WHICH AN EMPLOYEE MAY APPEAL FOR A GREATER INCREASE? 14. HOW ARE PROMOTIONS HANDLED WITHIN YOUR COMPENSATION SYSTEM? 15. WHAT ABOUT DEMOTIONS? 16. ARE SALARIED OR MANAGEMENT EMPLOYEES ENTITLED TO INCENTIVES/BONUSES? 2 OF 3
17. HOW DOES ONE QUALIFY FOR THESE SUPPLEMENTARY FORMS OF COMPENSATION? 18. DO YOU REIMBURSE FOR SPECIFIC TYPES OF EDUCATION AND/OR TRAINING? TO THE BEST OF MY KNOWLEDGE THE ABOVE IS TRUE AND ACCURATE. SIGNATURE DATE 3 OF 3
Please provide support documentation (letters, e-mails, faxes etc.) for each question if applicable/available. 1) Explain your religious and national origin and the sex discrimination guidelines / implementation; specifically explain your maternity leave policy. Please provide a copy of your maternity leave policy if applicable. 2) Provide a list including name, gender and race of those employees if any that have taken/requested an accommodation for religious/national origin/maternity leave during the review period? Please indicate what the disposition for their requests was. 3) Have you invited employees and applicants to identify themselves as individual with disabilities and covered veterans? Please explain and if possible include any documentation (letters, faxes, e-mails) that would support your answer. 4) Have you posted the location and hours during which your organization s AAP may be reviewed by employees / applicants? Please explain and if possible include any documentation (letters, faxes, e-mails) that would support your answer. 5) Have you reviewed all your physical and mental job requirements? Please explain and if possible include any documentation (letters, faxes, e-mails) that would support your answer. 6) Did you list all your suitable employment openings with the state employment service? Please explain and if possible include any documentation (letters, faxes, e- mails) that would support your answer. 7) Did you undertake appropriate outreach, recruitment, dissemination of policy and other affirmative action? Please explain and if possible include any documentation (letters, faxes, e-mails) that would support your answer. 8) Have you reasonable accommodated the physical and mental limitations of qualified employees and applicants who are individuals with disabilities or special disabled veterans? Please explain and if possible include any documentation (letters, faxes, e-mails) that would support your answer. 9) Does your job application forms request information on medical conditions or type of military discharge? Please explain and provide a copy of your job application. 10) Do you have a policy manual for personnel? If so, are there any medical restrictions generally for specific jobs? If applicable, please provide a copy of your employment manual. 11) Do your position description / qualifications standards contain medical restrictions? Please provide a copy if applicable.
12) Do you require pre-employment physical examinations of physical examinations for promotions or other changes in status? Please explain and if possible include any documentation (letters, faxes, e-mails) that would support your answer. 13) Have you included the EEO/AA clauses in sub-contracts and purchase orders? Please provide a copy of your purchase order s terms & conditions. 14) Have you advised vendors and sub-contractors with 50 or more employees and a current contract of $50,000 or more of obligation to develop an AAP? Please explain and if possible include any documentation (letters, faxes, e-mails) that would support your answer. 15) Have you posted notices of your obligations / EEO posters inside your facility s conspicuous places? Please explain and if possible include any documentation (letters, faxes, e-mails) that would support your answer. 16) Have you notified parties with whom you have a collective bargaining agreement of its EEO obligations? Please explain and if possible include any documentation (letters, faxes, e-mails) that would support your answer. 17) Have you included the EEO / Sex tag line in advertisements? Please provide a copy of your organization s advertisement (newspaper, magazines, and website). 18) Have you notified vendors and sub-contractors of its obligations to annually file SF- 100?
EEO Coordinator interview Veterans and Disabled Persons Questions 1. Is the location and time that the AAP is available for viewing posted? Yes No If so, where: 2. Have you listed jobs with the State Employment Service during the review period? Yes No If so, please provide copy of a response from the State during the review period, or the name and phone # of contact used if no such copy is available. 3. Have you undertaken outreach, recruitment, dissemination of policy, and other affirmative action for persons with disabilities and covered veterans? Yes No If so, please provide written documentation (e.g. contacts, copies of letters and/or responses from contacts etc) to demonstrate steps taken. 4. Have you listed all of your appropriate employment opportunities and job openings with state and local employment services or appropriate employment delivery system during the review period? Yes No If so, please provide copies of response from state and local employment services or appropriate employment delivery system during the review period, or the name(s) and phone numbers of state employment administrator contact(s). 5. Has the company offered to reasonably accommodate physical and mental limitations of qualified employees and applicants who are individuals with disabilities or special disabled veterans? Yes No If so, please provide a list of names, job titles, salary or salary code, and accommodations made for those employees who were provided accommodations (these may be in the form of equipment provided or in flexible scheduling arrangements etc.).
EEO Coordinator interview Veterans and Disabled Persons Questions Have any requests for accommodation been denied? Yes No If so, please provide the name & title of who was denied an accommodation, when the request was denied, a description of the accommodation requested, and the reason why the request was denied. 6. Does the company have any medical restrictions on employment? Yes No If so, who is responsible for enforcing them? If so, what are the restrictions? If so, why are the restrictions in place? 7. Do any position descriptions have medical restrictions? Yes No If so, please describe the restrictions and the rationale for them: 8. Does the company require physical examinations of any of its employees? Yes No If so, for what purpose? ATTESTATION: I have read the statements above and they are true: Name Title Date
Questions Regarding Section 503/Veterans AAP Implementation 1. Are applicants and employees invited to identify themselves and individuals with disabilities and covered veterans? Yes No If so, when (if at the time of application/hire, is this process repeated): If so, how (if in written form, such as on an application for employment, provide a copy): 2. Is the location and time that the AAP is available for viewing posted? Yes No If so, where: 3. Are all physical and mental job requirements reviewed? Yes No If so, by whom and how often: Please provide a copy of a job description for verification. 4. Have you listed jobs with the State Employment Service during the review period? Yes No If so, please provide copy of a response from the State during the review period, or the name and phone # of contact used if no such copy is available. 5. Have you undertaken outreach, recruitment, dissemination of policy, and other affirmative action for persons with disabilities and covered veterans? Yes No If so, please describe and provide documentation.
6. Has the company offered to reasonably accommodate physical and mental limitations of qualified employees and applicants who are individuals with disabilities or special disabled veterans? Yes No If so, please provide a list of names, job titles, salary or salary code, and accommodations made for those employees who were provided accommodations (these may be in the form of equipment provided or in flexible scheduling arrangements etc.). 7. Have any requests for accommodation been denied? Yes No If so, please provide the name & title of who was denied an accommodation, when the request was denied, a description of the accommodation requested, and the reason why the request was denied. 8. Do application forms request information on medical conditions or type of military discharge? Yes No If so, for what purpose? Please provide a copy of the application form.
9. Does the company have any medical restrictions on employment? Yes No If so, who is responsible for enforcing them? If so, what are the restrictions? If so, why are the restrictions in place? 10. Do any position descriptions have medical restrictions? Yes No If so, please describe the restrictions and the rationale behind them: 11. Does the company require physical examinations of any of its employees? Yes No If so, for what purpose?
U.S. Department of Labor Office of Federal Contract Compliance Programs Birch Bayh Federal Building & U.S. Courthouse 46 East Ohio Street, Suite 419 Indianapolis, Indiana 46204 November 20, 2013 ROO--, VIA E-MAIL Human Resources Dear_ This letter confirms the compliance evaluation of_in an abbreviated format. Please disregard the Itemized Listing that was enclosed in the original scheduling letter. Attached is an updated request for data that should expedite the compliance evaluation process. The list of requested materials is not intended to be all-inclusive and will not preclude the investigation ofother areas ofconcern or requests for additional information which may occur during the remainder of the compliance evaluation. Please submit the additional requested data on the attachment to this office within five days of receipt ofthis letter. If you have any questions concerning OFCCP's compliance review, please feel free to contact Compliance Officer Robert Knight at (317) 236-2032 or via email kni 'It.ro eli. w (vela!. TOV. \\1'-\1.\ \10\ \'1 District Director OFCCP Indianapolis District Office Attachment
Abbreviated Review Data Request Letter Page 2 of3 Abbreviated Review Data Request Please submit the following within five days ofreceipt ofthis letter. 1. A list ofhires for the last 12 months showing each new hire's name, race/ethnicity, gender, date ofhire, and job title hired into. 2. A list of applicants for the last 12 months showing each applicant's name, race/ethnicity, gender, date ofapplication, and job title applied for. 3. A list ofpromotions for the last 12 months including the employee's name, race/ethnicity, gender, date of promotion, job title promoted from, and job title promoted into. 4.' A list of terminations for the last 12 months including the former employee's name, race/ethnicity, gender, job title, date oftennination, and reason for termination. 5. A current list of employees including their name, race/ethnicity, gender, date of hire, job title, and their pay rate. 6. Copies of any ads placed in the last 12 months soliciting applicants. 7. A copy ofthe employee handbook, ifapplicable. 8. A list of females that have taken maternity-related leave during the past two (2) years, including each individual's name, race, job title, department, position they held before leave, and the position placed in upon return. Also, provide each individual's current employtnent status with the facility and a copy ofthe maternity leave policy. 9. A list of any religious accommodations made for employees, including the individual's name and job title. Also, if any religious accommodations were requested but denied, please identify the individual who made the request, their job title, what accommodation was requested, and the reason it was denied. 10. A list of any accommodations made for the physical and mental limitations of persons with disabilities, including the individual's name and job title. Also, if any accommodations were requested but denied, please identify the individual who made the request, their job title, what accommodation was requested, and the reason it was denied.
------ - Abbreviated Review Data Request Letter Page 3 of3 11. A list of all applicants in the last 12 m'onths who were not hired because they did not meet medical job qualification requirements. 12. A list of all elnployees in the last 12 months who were not promoted because they did not meet medical job qualification requirements. 13. A sample subcontract form and purchase order form.