Affirmative Action 101: The Basics

Presenters: Kaleigh FerraroMadison Gray

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Agenda

• Laws & Regulations of Affirmative Action

• Who is covered? Who enforces?• When?• What is required?• Miscellaneous• Questions

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Laws & Regulations

• Executive Order 11246 (Race, Gender, Sex, Religion or National Origin)

• Section 503 of the Rehabilitation Act of 1973 (Individuals with Disabilities)

• Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA)

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E. O. 11246• Prohibits federal contractors and subcontractors from

discriminating in employment decisions on the basis of race, color, religion, sex, or national origin.

• Requires Government contractors to engage in affirmative action for women and minorities.

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Rehabilitation Act of 1973

• Section 503:– Prohibits discrimination against

individuals with disabilities– Requires employers to take affirmative

action in all employment activities for qualified individuals with disabilities

– Requires employers to make reasonable accommodations for individuals with disabilities

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VEVRAA

• Prohibits discrimination based on veteran status

• Requires covered federal government contractors and subcontractors to take affirmative action to employ and advance covered veterans in all employment decisions

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Who is covered?

• Contractors – hold a contract directly with a federal government agency

• Subcontractors – hold any agreement with a federal contractor in which you supply goods or services that directly fulfill the prime contract

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Who is covered? (cont.)

• Federal contract of $50,000 or more• 50 or more employees• Financial institutions that issue

savings bonds• Financial institutions that serve as

depositories for federal funds

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Who enforces?

• Office of Federal Contract Compliance Programs (OFCCP)– Branch of the Department of Labor– Enforces all AAP laws & regulations– Select organizations for audit– Investigate charges of discrimination– Collect punitive and compensatory

damages for non-compliance

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When?

• Annual renewal of your AAP• Plan date left to discretion of the

federal contractor or subcontractor• New contractors must prepare AAP

within 120 days of contract date

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What is required?

• AAP required for each location with 50 or more employees

• Women & Minorities– Narrative portion– Statistical reports

• Individuals with Disabilities & Covered Veterans– Narrative portion

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Women & Minorities: Narrative• Commitment to EEO• Responsible parties for

implementation• Identification of problem areas and

action-oriented programs• Internal auditing and reporting

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Women & Minorities: Statistical Reports• Employee data from a specific point

in time– Workforce analysis– Job group analysis– Availability analysis– Incumbency compared to availability– Placement goals– Prior year goal attainment

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Adverse Impact Analysis

• Analysis covers previous 12 months• Hires/Offers vs. Applicants• Promotions vs. Persons considered• Terminations vs. Persons considered• Involuntary Terminations vs. Persons

considered

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Hires/Offers vs. Applicants

• Hires/Offers: Individuals selected including those that rejected offers of employment

• Applicants: Individuals who were considered for a specific position

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Promotions vs. Persons Considered• Promotions:

– employment action resulting in higher pay, greater rank, skill or responsibility

– promotions should be competitive in nature and are the result of an initial vacant position

– Typically do not include career progressions

• Persons Considered:– Individuals that apply or indicate

interest in a vacant position

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Terminations vs. Persons Considered• Terminations:

– Includes voluntary and involuntary terminations

• Persons Considered: – Compared to all persons who held

positions throughout the year

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Involuntary Terminations vs. Persons Considered • Terminations:

– Includes involuntary terminations

• Persons Considered: – Compared to all persons who held

positions throughout the year

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Compensation Analysis

• “Evaluate compensation systems to determine whether there are gender, race, or ethnicity based disparities”

• Compare males to females and minorities to non-minorities

• Look for disparities in pay and determine if women/minorities are concentrated in lower paying jobs

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Individuals with Disabilities & Covered Veterans• Narrative portion only• Available for review upon request• Included in narrative:

– Policy statement & dissemination of policy

– Responsible parties for implementation– Review of personnel processes and

training of personnel involved in employment decisions

– Reasonable accommodation

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Individuals with Disabilities & Covered Veterans (cont.)

– Harassment Prevention– Internal Auditing and Reporting System– Review of physical and mental job

qualifications

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Miscellaneous

• EEO-1• VETS-100/VETS-100A• Record Keeping• Poster Requirements• Job Posting Requirements

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EEO-1

• Used to collect the race, gender and ethnicity composition of your workforce by location

• Submitted annually• Allow employees to self-identify • Due September 30th • Required by all employers with 100

or more employees & all federal contractors and subcontractors

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VETS-100/VETS-100A

• Used to report covered veterans• Submitted annually• Due September 30th • Allow employees to self-identify• VETS-100:

– contracts entered into prior to December 1, 2003; $25,000 or more

• VETS-100A: – contract entered into or modified on or after

December 1 2003; $100,000 or more

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Record Keeping

• AAP requirements:– Current and previous year plans– 2 years after last employment decision

(applicants, hires, promotions, terminations, etc.)

– Preserve records for duration of employment investigations/audits

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Poster Requirements

• Must post commitments under:– E.O. 11246– Rehabilitation Act of 1973– VEVRAA

• Equal Employment Opportunity is the Law

• Memo from top site official regarding your company’s EEO/AAP policy

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Job Posting Requirements

• Contractors are REQUIRED to post all open positions with the Employment Securities Commission (ESC)– 3 exceptions to this requirement

• CAI encourages additional outreach efforts– Example: Local Vocational

Rehabilitation Office

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CAI Services Offered

Affirmative Action Plans including:• Required AAP statistical reports• Custom Narrative for Women &

Minorities• Custom Narrative for Disabled &

Veterans• Adverse Impact Reports• Compensation Analysis

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CAI Services Offered (cont.)

Additional CAI Services:• Training (onsite available)• EEO-1 Reporting assistance• VETS-100/100A Reporting

assistance• OFCCP Audit Assistance• AAP Self-audit assistance

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Questions?

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CAI Contact Information

• Main Number: 919-878-9222• Kaleigh Ferraro

919-713-5241kaleigh.ferraro@capital.org

• Madison Gray919-431-6087madison.gray@capital.org