Presentation on theme: "How to Write an Affirmative Action Plan"— Presentation transcript:
1 How to Write an Affirmative Action Plan Crystal Gilreath, Employee Relations SpecialistUTHSC, Office of Equity and DiversityMay 8, 2007
2 A Historical Perspective The earliest legal requirement of equality dates back to 1866All people will have the full and equal benefit and protection of all laws enjoyed by white citizensModern law was passed in 1964 in the form of the Civil Rights ActProhibits 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.
3 Executive Order 11246 Signed by President Johnson in 1965 Requires affirmative action in federal employment as well as federal contractorsEnforced by the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor
4 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)
6 What is Included in an Effective AAP? Practical steps to address underutilization of specific groupsAction-oriented programsInternal auditing and reporting systems as a means of measuring progressInstitutionalizing the contractor’s commitment to equalityPolicies, procedures and practices that are/will be implemented
7 Who Must Prepare an AAP?The 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 $50,000.
8 Race, gender/national origin Getting StartedSelect your plan yearGather your informationCensus Data (2000) –Hiring InformationTermination InformationEmployee InformationPlacement goalsRace, gender/national origin
9 Mandatory Components Organizational Profile A job group analysis and the placement of incumbents in job groupsAvailability determinations along with a description of the methodology used to determine availability for the job groupsComparison of incumbency to availabilityPlacement goals, if applicable, and a description of the methodology usedDesignation of the responsibility for implementing the AAPIn-depth analyses of the employment process that were conducted to determine if impediments exist and a list of problem areasAction-oriented programs that will be implemented to correct any problem areas identified and to established goals and objectivesInternal audit and reporting systems that are used to measure the effectiveness of the AAP
10 Preparing Your Organizational Profile Presented in the form of either the traditional workforce analysis or the newly introduced organizational displayTo 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 yearIncludes 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)
11 Organizational Display Identify each organizational unit in your organizationShow the relationship of each unit to the other unit in the organizationFor each unit, indicate:NameJob Title, gender, race and ethnicity of the unit supervisorTotal number of male and female incumbentsTotal number of male and female incumbents in each of the following categories: Blacks, Hispanics, Asian/Pacific Islanders, and American Indians/Alaskan Natives
12 Workforce Analysis Alternative to the Organizational Display Requires a listing of each job title as it appears in the payroll recordsRank from lowest to highest paid in each department or other similar unitFor each job title, supply:Total number of people currently holding the jobTotal number of male and female incumbents in each of the following minority subgroups: Blacks, Hispanic, American Indian/Alaskan Native, Asians/Pacific IslandersWage rate or salary range for each job title
13 Job Group AnalysisFirst step to comparing minorities and women in the your workforce with the estimated availability of qualified minorities and women who could be employedSeparately list the % of minorities and the % of women it employs in each job groupContractors 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 responsibilitiesCompensationOpportunities for advancement with the workforce
15 AAP for Minorities and Women With the information we have already gathered, we are now able to determine if underutilization existsYour first step:Compare the representation of minorities and women in its workforce with the estimated availability of minorities and women qualified to be employed.
16 Availability Analysis Will produce 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
17 Two-Factor AnalysisFactors required to be examined in conducting an availability analysis1. 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 factor)
18 Conducting Your Analysis For each job group, add the number of minorities and women and divide by the number of total number of employeesThis will determine the % of available minorities and women within that job group
19 Job Group Analysis XXXXXXXXX (INSERT CHART) Create the following chart to complete your two-factor analysis:XXXXXXXXX (INSERT CHART)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 FactorsRaw Data x Value Weight = Weighted Factors
20 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 goalTo establish what would be reasonably expected use one of the following methods:Any Difference Rule – determines whether any difference existsOne 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 availabilityTwo Standard Deviations Analysis – Does the difference exceed the two standard deviations test of statistical significance?
21 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 resultsMonitoring records of all personnel activity, including referrals, placements, transfers, promotions, termination, and compensation at all levelsRequiring managers to periodically report to you on their efforts to meet EEO goals – review report results with all levels of managementAdvise top administration of program effectiveness and submitting recommendations to improve unsatisfactory performance
22 Establishing Your Placement Goals Where you determine there to be an underutilization for minorities or women, you must establish placement goalsThe % annual placement goal should be at least equal to the availability figure derived for the job group*Quotas are expressly forbidden
23 Disparities in Compensation Begin by making sure there are no obvious differences in compensation for employees who are doing the same jobDetermine 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 groupIf there is a statistically significant difference between the job group and the protected group, (and cannot be explained by length of service), a disparity existsCorrective action should be taken when disparity is determined
24 Veterans and Individuals with Disabilities No formal, numerical goal-setting is requiredUtilize the VETS 100 Report to produce this portion of the AAP (only required reporting form)Will include your Affirmative Action ClauseTypically submitted as a separate volume of the AAP because of confidentiality issues – since this document is open for review by the public
25 Tools to Help Many software programs are available for purchase The Census Bureau’s website:The Department of Labor’s website: