City of Petaluma Understanding the Equal Employment Opportunity Plan April 13, 2015 The following presentation is not to be construed as legal advice. For specific legal advice please consult your corporate counsel or a labor attorney.

Leader in the EEO Consulting Niche Largest EEO Consulting Firm (since 1974) EEs Equal Employment Opportunity Consulting & Fulfillment Audit and compliance assistance Enterprise software used by hundreds of contractors Assessments AutoGOJA™ job analysis software (geared for validation) Test Validation & Analysis Program™ (TVAP) CritiCall™ callcenter testing for 911 operators (900+ clients) OPAC Administrative skills testing (1,000+ clients) Situational Assessments (General and Nursing) C4™ callcenter testing for in/outbound call takers EEO Litigation Consulting /Expert Witness Services Over 200+ cases in EEO (both plaintiff and defense) Focus on disparate impact/validation cases Compensation Analysis Proactive and litigation/enforcement pay equity studies COMPare™ compensation analysis software Publications/Books EEO Insight™: Leading EEO Compliance Journal Adverse Impact Analysis (2 nd ed.) / Compensation Analysis (1 st ed.) BCG Institute for Workforce Development 3,000+ members who receive free webinars and publications BCGi Platinum™ paid subscription membership w/EEO tools Nation-wide Speaking and Training Several consultants on national speaking circuit Topics include EEO compliance, statistics, and validation

Biddle Consulting Group, Inc. 193 Blue Ravine Road, Suite 270 Folsom, CA | Contact Information 3 Tony Mentessi, Analyst ext. 132 Fe Ramos, PHR, Sr. Consultant ext. 129

Agenda Why Create an EEOP? Purpose of the EEOP Understanding the EEOP What’s Next?

 Justice Department: Workforce report must be completed as a condition for receiving funding Ensure that equal employment opportunity is being provided to all (i.e., employees and applicants alike) “ The experience of the [Justice Department] in implementing its responsibilities under the Omnibus Crime Control and safe Streets Act of 1968, as amended,... has demonstrated that the full and equal participation of women and minority individuals in employment opportunities in the criminal justice system is a necessary component to the Safe Streets Act's program to reduce crime and delinquency in the United States.” Why Create an EEOP? 6

An Equal Employment Opportunity Plan is a set of goal oriented management policies and procedures designed to identify and eliminate barriers to employment opportunities for men and women regardless of sex, race, color, or national origin and that are not based on specific job requirements. 7 Equal Opportunity. Not Equal Outcome. Purpose of the EEOP ?

Steps in Achieving the Purpose of the EEOP Step 1: Job Group Analysis Identifies the gender and race composition of the current workforce Step 2: Availability Analysis Identifies the gender and race composition of the available workforce (i.e., those who have the same requisite skills as the current workforce) Step 3: Comparison of Incumbency to Availability/Placement Goals Identifies differences between current incumbency and available workforce and setting “goals” Step 4: Action-Oriented Programs Steps that will be taken to help achieve goals 8 Goals are not Quotas. Quotas are illegal. Purpose of the EEOP ?

9 Other Steps: 1)Identify significant disparities in the selection rates in personnel actions (i.e., hires, promotions, and terminations) 2)Identify disparities in compensation

Contents of the EEOP 11 What does an EEOP include?  Narrative  Technical Reports Workforce Analysis Job Group Analysis Zip Code Analysis Availability Analysis Comparison of Incumbency to Availability and Placement Goals Other Technical Reports: o Adverse Impact Analysis o Compensation Analysis

 Policy Statement  Explanation of the technical reports  e.g. workforce analysis, job group analysis, and etc.  Designation of Responsibilities  Who is responsible to implement the EEOP  Track good-faith-efforts  Tracking good-faith-efforts can only help your organization  Identification of Problem Areas  Workforce Analysis  Comparison of Incumbency to Availability/Placement Goals  Compensation  Personnel Transactions 13 Components of the Narrative

 Action-Oriented Programs /Good Faith Efforts  Programs or Steps that the contractor has taken in the past, is currently taking, and/or willing to take in the future to remedy potential problems areas  Document ALL good-faith-effort programs  Internal Audit and Reporting Systems  Monitor all transactions to ensure the non-discrimination policy is carried-out  Require internal reporting on a regular basis as to the degree to which EEO objectives are attained  Review reports with all levels of management  Advise top management of program effectiveness Components of the Narrative 14

 According to the analysis, underutilizations (goals/shortfalls) for females and minorities are evident. Of the total 8 Job Groups within City of Petaluma, the table below lists the Job Groups that are affected in female and minority groups. Affected Job Groups 16 FemalesMinorities 1A – Officials & Administrators 4A – Protective Services 5A – Paraprofessionals 7A – Skilled Craft 8A – Service/Maintenance 1A – Officials & Administrators 2A – Professionals 3A – Technicians 4A – Protective Services 5A – Paraprofessionals 6A – Administrative Support 7A – Skilled Craft 8A – Service/Maintenance

Internal Availability Data Assign Factor Weights External Census Data Actual Representation (Incumbency/Headcount) Data Compare Representation (Incumbency) to Availability Create Goal/Action-Oriented Program Final Availability Data If Potential Problem Area Exists 17Copyright © Biddle Consulting Group, Inc. EEOP in a Nutshell

Job Posting Tips  Review the EEOP and ensure that the following are appropriate:  Job groups  Factor weights  Data  Utilization Goals:  Inform and train hiring managers and/or first-line supervisors on the requirements and contents of the EEOP  Provide information on the utilization goals  Do not allow recruiters and managers to “leap frog” more qualified applicants/employees with lesser qualified applicants/employees on the basis of these “goals.” Qualifications should e the key focus.  Regularly evaluate the Good Faith Efforts and Outreach Programs. Make changes when programs are not effective.  Goals should be addressed thru Outreach and Recruitment, not through hiring decisions. What’s Next 19

Job Posting Tips  Adverse Impact in Hires, Promotions, and Terminations:  Ensure accuracy of the data. For example:  Only include applicants who were associated with the hires  Applicants who applied after the last hires should be excluded from the applicant pool  Reconcile race/gender information of the hires with the applicant file  Inform and train hiring managers, recruiters and first line supervisors  Do not require numerical results. Rather, inform them regarding the issues and provide or brainstorm recommendations and best practices  Train all managers and recruiters on the selection process policy  Ensure that the practices, procedures, and tests being utilized are valid (i.e., job related and consistent with business necessity)  Document selection decisions. Train and hold managers/recruiters on selection decisions  Review the selection process  Ensure that processes and policies are consistently applied What’s Next 20

Job Posting Tips  Compensation:  Conduct a pro-active analysis on a regular basis  Prioritize the identified areas of concerns  If feasible, conduct a cohort analysis (file by file comparison)  Create an analysis strategy  Identify the factors that affect compensation  Perform t-test, where applicable  Perform regression analysis, where applicable  Contact a consultant/compensation expert What’s Next 21

Questions