Training Workshop on Affirmative Action MGT434 Introduction Affirmative

Training Workshop on Affirmative Action MGT/434

Introduction � Affirmative Action Laws � Affirmative Action and Human Resources � Requirements to an Affirmative Action Plan � Mandatory and Non-Mandatory Issues � Goals and Timetables � Quota System � Roles of Contractors and Subcontractors � Rehabilitation Act and VEVRAA � Affirmative Action Case of RICCI v. DESTEFANO

Affirmative Action � The implementation of equal opportunity recruiting policies � Federal Laws ◦ American Disabilities Act of 1990 ◦ Age Discrimination in Employment Act of 1967

Affirmative Action and Human Resources � Human Resources responsible for implementing Policies, Practices and Procedures � Affirmative Action Plans for the Workplace ◦ Embracing Diversity ◦ Company Values Diversity in Workplace ◦ Diversity Empowerment ◦ Policies for No Tolerance for Harassment or Discrimination in Workplace

Affirmative Action Plan (AAP) Requirements � Affirmative Action Plans ◦ Must comply with Code of Federal Regulations (CFR) as mandated by Executive Order 11246 ◦ Consist of policies, practices, and procedures ◦ Has an administrator who monitors and manages employee activity ◦ Must be approved by OFCCP ◦ Includes both quantitative and qualitative perspectives � The federal contractor or subcontractor must ◦ Exist and operate autonomously ◦ At least 50 employees

Mandatory and Non. Mandatory Issues of AAP Mandatory ◦ AAPs must be developed within 120 days of the start of the contract ◦ AAPs must be updated every year and include any changes to the agreement ◦ All documents must be submitted electronically to OFCCP ◦ Contractors subjected to audits by OFCCP. Non-Mandatory ◦ No requirement of quotas ◦ AAPs are not filed with the OFCCP, but kept with the contractor for audit purposes ◦ Exemptions for contracts under $10, 000

Goals & Timetables � Affirmative Action programs are used by employers to diversify the workplace to include more women and minorities � Companies often set goals to place these programs in action within a certain time frame � These goals are flexible

Goals & Timetables vs. Quotas � Quotas are a required amount, a specific number of minority or women employees � Quotas are illegal in the United States � Goals and timetables that are used are often confused as quotas, which are not legal or tolerable, but differ in the fact that they do not set a specific number requirement of the female and minority employees

Responsibility of Contractors & Subcontractors � Perform Job Group Analysis � Perform Utilization Analysis � Develop Placement Goals � Identify Problem Areas � Implement Programs that Remove Barriers � Conduct Audits

Vietnam Era Veterans’ Readjustment Assistance Act Prohibits discrimination in employment against veterans in activities involving: � Recruiting � Hiring � Promoting � Retaining Hiring Benchmarks Data Collection Self-Identification Equal Opportunity Clause Job Listings Records Access

Affirmative Action Legal Case RICCI v. DESTEFANO No. 07 -1428 Argued: April 22, 2009 Decided: June 29, 2009 � United States Supreme Court Case ◦ Unlawful Discrimination through Disparate Impact under Civil Rights Act of 1964 ◦ 18 Firefighters of New Haven � 17 White � 1 Hispanic � 0 Black

Conclusion � As reviewed in the legal case of RICCI v. DESTEFANO, unlawful discrimination can occur in the workplace � Avoid Affirmative Action Lawsuits by: ◦ Awareness of Affirmative Action Laws ◦ Human Resource Action Plans ◦ Understanding the Responsibilities and Requirements of the Company

References � � � � Affirmative Action. (2014). Retrieved from http: //www. ncsl. org/research/education/affirmativeaction-overview. aspx Bennett-Alexander, D. D. and Hartman, L. P. (2015). Employment Law for Business (8 th ed. ). Retrieved from Vital. Source Bookshelf. Court Rules for Firefighters in Ricci Case. (2009). Retrieved from http: //www. cbsnews. com/news/court-rules-for-firefighters-in-ricci-case/ Department of Labor (DOL). (2017). Guide for small businesses with federal contracts. Retrieved from https: //www. dol. gov/ofccp/TAguides/sbguide. htm#Q 4 Department of Labor (DOL). (2013). Office of Federal Contract Compliance Programs (OFCCP) Retrieved from https: //www. dol. gov/ofccp/regs/compliance/directives/Dir 2013_01_Revision 1. html Department of Labor (DOL). (n. d. ). Vietnam ERA Veteran Readjustment Assistance Act. Retrieved from http: //www. dol. gov/ofccp/regs/compliance/vevraahmt. Dietrich. R. (2017) Subcontractor Employee Rights obligations and duties. Retrieved from https: www. smallbusiness. chron. com/subcontracted-employee-right-obligation. 1 Directives. � � Genwright, C. (n. d. ). Affirmative Action in Employment. Retrieved June 30, 2017, from https: //oied. ncsu. edu/equity/affirmative-action-in-employment/ Gutmacher, G. (2017). Diverse Workforce Requires Balanced HR Leadership. Retrieved from http: //www. workforce. com/1998/12/01/diverse-workforce-requires-balanced-hr-leadership/ HR Unlimited Inc. (2016). Affirmative action compliance programs. Retrieved from https: //www. hrunlimitedinc. com/compliance/ SHRM. (2016). Managing federal contractor affirmative action programs. Retrieved from https: //www. shrm. org/resourcesandtools/tools-andsamples/toolkits/pages/managingaffirmativeactionprograms. aspx