1. 1 Developing and Implementing Effective Affirmative Action Programs

2. 2 Major changes to AAP regulations took effect on December 13, 2000 –All AAPs prepared after that date must comply with new regulations –Changes simplify AAP requirements –AAP development process clarified –Approach to developing the AAP remains very similar –But implementation requirements now very broad Important Notes

3. You Must develop an AAP if:  Your company is a  nonconstruction (supply and service) contractor must develop and maintain a written affirmative action program for each of its establishments, if it has 50 or more employees and: – (i) Has a contract of $50,000 or more; or –(ii) Has Government bills of lading which in any 12-month period, total or can reasonably be expected to total $50,000 or more; or –(iii) Serves as a depository of Government funds in any amount; or –(iv) Is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes in any amount. 3

4. 4 Required Elements Old  Workforce Analysis 41 CFR 60-2.11(a)  Job Groups analysis 41 CFR 60-2.11(b)  Availability Analysis 8-Factor 41 CFR 60-2.11(b)  Establishment of Goals 41 CFR 60-2.12 New  Organizational Profile or Workforce Analysis 41 CFR 60-2.11(c)  Job Groups analysis 41 CFR 60-2.12  Placement of Incumbents 41 CFR 60-2.13  External Availabilities 41 CFR 60-2.13(b)(1)  Internal Availabilities 41 CFR 60-2.13(b)(2)  Utilization analysis (2 Factor) 41 CFR 60-2.14 –2.16  Composition of Job Groups 41 CFR 60-2.14(g)  Goal summary 41 CFR 60-2.16 [continued]

5. 5 Additional Elements Old  Maintenance of Support Data 41 CFR 60-2.12(m)  41 CFR 60-2.13 –(a) Reaffirmation of EEO Policy –(b)Formal Internal and External Dissemination of policy –(C) Establishment of Responsibility –(d) Identification of Problem Areas –(e) Establishment of goals –(f) Development of Action Oriented programs –(g)Internal Audit and Reporting –(h)Sex Discrimination Guidelines 41 CFR 60-20 –(i)Active Support of community action programs –(j) Consideration of female and minorities not in the workforce. New  Requirement of 41 CFR60-2.17  (a) Designation of Responsibility  (b) Identification of Problem Areas Analysis of –1. Workforce by organizational unit –2. Personnel Activity –3. Compensation –4. Selection Recruitment referrals –Any other areas that impact the success of the AAP  (c) Action oriented programs  (d) Internal Audit and reporting systems

6. 6 Organizing the AAPs  Determining/verifying AAP organization  Resolving format issues –Form of organizational profile –Number /size –Location –Geographic –Functional/line-of-business

7. 7 Job Groups  Reviewing job groups and their characteristics –Job title assignments Generic vs. specific EEO-1 Classifications –Occupational classification OCC Codes for census match up –Data Integrity Critical

8. 8 Recruitment Areas –Which factors to use Factor weights –External availability data sources Reasonable recruitment area National, State, SMSA, County –Internal availability data sources Identification of Feeder groups Settling on logical feeders

9. 9 Methodologies  Determining the methodology –Availability How availability data will be weighed How factors will be weighed –Goal setting method Any difference 80% Whole person SD

10. 10 Reports  Development of narrative templates  Importing and auditing download for incompleteness and other data problems –Conversion to Access –Testing data completeness & integrity –Revising to correct problems

11. 11 Facility Responsibilities  Provide Accurate Database Downloads  Effectively Monitoring Employment Transactions Provide Accurate Detailed or Summary Transaction data –Accurate tracking of : ApplicantsHiresOffers TransfersPromotions Terminations  Develop Effective Action Oriented Programs to Address Problem Areas  Develop Effective Outreach and Recruitment Sources  Develop Effective Internal Reporting of EEO/AA Progress  Hold Managers Accountable for EEO/AA Performance

12. 12 Facility Responsibilities  Providing Accurate Data Base Information –Are all download fields complete Data integrity issues –Missing data –Multiple spelling for same job title, departments etc. –Job titles with multiple grades or coding –Generic titles with different rates of pay – Cross EEO-1 job groups –Incorrect EEO-1 coding (especially OM) –Correct Job Group, Department, Grade, Division etc

13. 13 Facility Responsibilities  Tracking personnel actions for transaction reports and IRAs  Detail or Summary Data? –Applicants-DefineTrack –Hires/OffersDefineTrack –PromotionsDefineTrack Competitive – non competitive From Title-EEO-1-Job Group To Same –TerminationsDefineTrack Voluntary-Involuntary-Layoffs –TransfersDefineTrack

14. 14 Facility Responsibilities Applicant Tracking Three questions frame the discussion For whom to keep records For whom to obtain race/ethnicity and gender data Whom to include in the impact ratio analyses OFCCP position Internet Applicant Rule

15. Definition of Internet Applicant  Four criteria must be satisfied in order for a job seeker to be considered an “Internet Applicant”  Four Criteria 1.Individual submits expression of interest through Internet or related electronic data technologies 2.Contractor considers individual for employment in a particular position 3.Individual’s expression of interest indicates basic qualifications for position 4. I ndividual does not remove him/herself from consideration prior to job offer 15

16. 16 Limit receipt of applications –Only when vacancies exist, or for specific positions, days/hours Specify application procedures –Written applications, personal submission Limit life of applications –For vacancy sought or some designated time period Duplicates Ensure retention of applications –EEOC (1 year) / OFCCP (2 years) Managing Applicant Flow

17. 17 Analyze key transactions regularly –Hires, promotions, terminations Graphical presentations for managers to review –Colors and/or charts may help simplify concept If adverse impact identified, investigate potential causes and be prepared to explain –Break into manageable segments, rotating review Suggestions for Monitoring Employment Transactions

18. 18 Build synergies across business units/functions Consider universal good faith outreach letter –Develop relationships, not just contacts Leveraging Outreach and Recruitment Resources

19. 19 Managers need and want reports that are clear, concise and functional –Use charts and graphs where possible –“Executive summaries” well received –Deliver reports on consistent basis ·Copy senior managers –Model report after helpful reports in other functions ·Finance, headcount, revenue, etc. Reporting EEO/AA Progress

20. 20 Build AA/EEO accountability into performance metrics –Measure sincerity and vigor of efforts –Caution re: tying compensation to goal attainment ·Functional equivalent of quota system? Multi-dimensional performance reviews Employee surveys Holding Managers Accountable for EEO/AA Performance

21. 21 Types of Reports and Report Format Examples

22. 22 Core AAP Reports  Workforce Analysis41 CFR 60-2.11(c)  Job Groups and Titles 41 CFR 60-2.12  Placement of Incumbents41 CFR 60-2.13  External Availabilities41 CFR 60-2.13(b)(1)  Internal Availabilities41 CFR 60-2.13(b)(2)  Composition of Job Groups41 CFR 60-2.14(g)  Utilization analysis 41 CFR 60-2.14 –2.16  Goal summary41 CFR 60-2.16

23. 23 Other Support File Reports  Prior Year Progress reports  Transaction Data  Impact Ratio Analysis Based on Summary Data  Compensation Analysis –Median and Mean by Grade and Title –t-Tests by Grade and Title –Regression ** –Outlier reports (outside range or %) ** –Cohort Reports **

24. 24 Sample Report Formats

25. 25 Workforce Analysis 41 CFR 60-2.11 Sample Format

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28. 28 Job Groups and Titles 41 CFR 60-2.12 Sample Format

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30. 30 Placement of Incumbents in Job Groups 41 CFR 60-2.13 Sample Format

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32. 32 External Availabilities 41 CFR 60-2.13(b)(1) Sample Format

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34. 34 Internal Availabilities 41 CFR 60-2.13(b)(1) Sample format

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36. 36 Composition of Job Group with Percentage Representation 41 CFR 60-2.14(g) Sample Format

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39. 39 Utilization Analysis Determining Availability 41 CFR 60-2.13 41 CFR 60-2.14 41 CFR 60-2.15 41 CFR 60-2.16 Sample Format

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41. 41 Goals 41 CFR 60-2.16 Sample Format

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43. 43 Compensation Reports

44. 44 Mean and Median Sample Format

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46. 46 t-Test Sample Format

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48. 48 Regression (optional) Sample Format

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50. 50 Cohort Report Sample Format

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52. 52 EEO Logic Bruce D. Kuehnl 503-236-2563 Yexplain@AOL.com OFCCP.com