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 contractors • Enforced by the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor
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)
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 $50,000.
Getting Started • Select your plan year • Gather your information • Census Data (2000) – www.census.gov • Hiring Information • Termination Information • Employee Information • Placement goals Race, gender/national origin
Mandatory Components • Organizational Profile • A job group analysis and the placement of incumbents in job groups • 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 objectives • 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 organization • 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 supervisor • 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 • 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
Two-Factor Analysis • Factors required to be examined in 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 factor)
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 group
Job Group Analysis • 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 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 exists • 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 significance?
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 results • 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 performance
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 form) • 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 public
Tools to Help • Many software programs are available for purchase • The Census Bureau’s website: • www.census.gov • The Department of Labor’s website: • www.dol.gov