How to Write an Affirmative Action Plan

Document Sample
How to Write an Affirmative Action Plan Powered By Docstoc
					       How to Write an
    Affirmative Action Plan
Crystal Gilreath, Employee Relations Specialist
   UTHSC, Office of Equity and Diversity

                 May 8, 2007
A Historical Perspective
   The earliest legal requirement of equality
    dates back to 1866
       All people will have the full and equal benefit and
        protection of all laws enjoyed by white citizens
   Modern law was passed in 1964 in the form
    of the Civil Rights Act
       Prohibits discrimination on the basis of race, color,
        creed, religion, gender and national origin.
       Other laws have followed: the Age Discrimination
        Act (ADEA), the 1972 Equal Employment Act
        (created the EEOC), the Rehabilitation Act of
        1973, Pregnancy Act and the Vietnam Era
        Veterans’ Readjustment Assistance Act.
Executive Order 11246
 Signed by President Johnson in 1965
 Requires affirmative action in federal
  employment as well as federal
 Enforced by the Office of Federal
  Contract Compliance Programs
  (OFCCP) within the Department of
Preferential Treatment?
   “Affirmative Action is not preferential
    treatment. Not does it mean that unqualified
    persons should be hired or promoted over
    other people. What affirmative action does
    mean is that positive steps must be taken to
    provide equal opportunity for those who have
    been discriminated against in the past and
    who continue to suffer the effects of that
    discrimination. For OFCCP, affirmative action
    is the tool; EOO is the goal.”
             OFCCP: Making EEO and Affirmative Action Work, 1979)
Glossary of
      What is Included in an
        Effective AAP?
 Practical  steps to address
  underutilization of specific groups
 Action-oriented programs
 Internal auditing and reporting systems
  as a means of measuring progress
 Institutionalizing the contractor’s
  commitment to equality
 Policies, procedures and practices that
  are/will be implemented
Who Must Prepare an AAP?

 The 50-50 Rule: You are required to
 have an AAP if you have more than 50
 employees and supply/service contracts
 with the government worth more than
           Getting Started
 Selectyour plan year
 Gather your information
   Census   Data (2000) –
   Hiring Information
   Termination Information      gender/national
   Employee Information             origin
   Placement goals
      Mandatory Components
   Organizational Profile
   A job group analysis and the placement of incumbents in job
   Availability determinations along with a description of the
    methodology used to determine availability for the job groups
   Comparison of incumbency to availability
   Placement goals, if applicable, and a description of the
    methodology used
   Designation of the responsibility for implementing the AAP
   In-depth analyses of the employment process that were
    conducted to determine if impediments exist and a list of
    problem areas
   Action-oriented programs that will be implemented to correct
    any problem areas identified and to established goals and
   Internal audit and reporting systems that are used to measure
    the effectiveness of the AAP
                 Preparing Your
              Organizational Profile
 Presented in the form of either the traditional
  workforce analysis or the newly introduced
  organizational display
 To get started, consider your racial categories:
       List of all applicants and every active employee
        (including part-time), as of the opening date of your
        plan year
            Includes gender and race or ethnic category

         (* White or minority and, if minority, by each minority
            subgroup: Blacks, Hispanics, Asians/Pacific Islanders, or
            American Indians/Alaskan Natives)
Organizational Display
 Identify each organizational unit in your
 Show the relationship of each unit to the
  other unit in the organization
 For each unit, indicate:
       Name
       Job Title, gender, race and ethnicity of the unit
       Total number of male and female incumbents
       Total number of male and female incumbents in
        each of the following categories: Blacks,
        Hispanics, Asian/Pacific Islanders, and American
        Indians/Alaskan Natives
Workforce Analysis
 Alternative to the Organizational Display
 Requires a listing of each job title as it
  appears in the payroll records
 Rank from lowest to highest paid in each
  department or other similar unit
 For each job title, supply:
       Total number of people currently holding the job
       Total number of male and female incumbents in
        each of the following minority subgroups: Blacks,
        Hispanic, American Indian/Alaskan Native,
        Asians/Pacific Islanders
       Wage rate or salary range for each job title
Job Group Analysis
 First step to comparing minorities and women
  in the your workforce with the estimated
  availability of qualified minorities and women
  who could be employed
 Separately list the % of minorities and the %
  of women it employs in each job group
 Contractors with fewer than 150 employees
  may use the EEO-1 job categories – all
  others need to create their own job groups
  based on:
       Similar job duties and responsibilities
       Compensation
       Opportunities for advancement with the workforce
EEO-1 Categories
 01 – Officers and Managers
 02 – Professionals
 03 – Technicians
 04 – Sales Workers
 05 – Office and Clerical
 06 – Craft Workers (Skilled)
 07 – Operatives (Semiskilled)
 08 – Laborers (Unskilled)
 09 – Service Workers
         AAP for Minorities
           and Women
 With  the information we have already
  gathered, we are now able to determine
  if underutilization exists
 Your first step:
   Compare the representation of minorities
   and women in its workforce with the
   estimated availability of minorities and
   women qualified to be employed.
Availability Analysis
 Willproduce an estimate of the number
  of qualified minorities and women
  available for employment in a given job
  group (in the form of a %)
 Purpose is to establish a benchmark
  against your workforce is compared in
  order to determine if barriers to equal
  employment exist
Two-Factor Analysis
        required to be examined in
 Factors
 conducting an availability analysis
   1. The % of minorities or women with
    requisite skills in the reasonable
    recruitment area (external factor)
   2. The % of minorities or women among
    those promotable, transferable, and
    trainable within your organization (internal
Conducting Your Analysis

 For each job group, add the number of
  minorities and women and divide by the
  number of total number of employees
 This will determine the % of available
  minorities and women within that job
Job Group Analysis
    Create the following chart to complete your two-
     factor analysis:

  Assign value weights – do you recruit more
   minorities and women from the reasonable
   recruitment are or does it recruit more minorities
   and women by promotion, transfer, and training
   with your organization?
  Weighted Factors
         Raw Data x Value Weight = Weighted Factors
Incumbency v. Availability
 If you have found the % of minorities or
  women in a particular job group to be less
  than would be expected, you must establish a
  placement goal
 To establish what would be reasonably
  expected use one of the following methods:
       Any Difference Rule – determines whether any difference
       One Person Rule – determines whether the difference
        between available and the actual employment of minorities
        or women equals more than one person
       “80% Rule” (or the ¾ Rule) – Actual employment of
        minorities or women is less than 80% of their availability
        Two Standard Deviations Analysis – Does the difference
        exceed the two standard deviations test of statistical
Action-Oriented Programs
   Show your good-faith efforts to establish
    goals and objectives to remove barriers,
    expand opportunities and produce
    measurable results by:
       Periodically auditing your organization and measuring the
       Monitoring records of all personnel activity, including
        referrals, placements, transfers, promotions, termination,
        and compensation at all levels
       Requiring managers to periodically report to you on their
        efforts to meet EEO goals – review report results with all
        levels of management
       Advise top administration of program effectiveness and
        submitting recommendations to improve unsatisfactory
          Establishing Your
          Placement Goals
 Where   you determine there to be an
  underutilization for minorities or women,
  you must establish placement goals
 The % annual placement goal should be
  at least equal to the availability figure
  derived for the job group

*Quotas are expressly forbidden
Disparities in Compensation
 Begin by making sure there are no obvious
  differences in compensation for employees
  who are doing the same job
 Determine the average salary fo0r each job
  group and then average length of service for
  each job group – compare this to the average
  salary for each gender group, racial group or
  ethnicity group in that job group
 If there is a statistically significant difference
  between the job group and the protected
  group, (and cannot be explained by length of
  service), a disparity exists
 Corrective action should be taken when
  disparity is determined
           Veterans and
    Individuals with Disabilities

 No formal, numerical goal-setting is required
 Utilize the VETS 100 Report to produce this
  portion of the AAP (only required reporting
 Will include your Affirmative Action Clause
 Typically submitted as a separate volume of
  the AAP because of confidentiality issues –
  since this document is open for review by the
             Tools to Help
 Many   software programs are available
  for purchase
 The Census Bureau’s website:

 The   Department of Labor’s website:

Shared By: