2_-_OFCCP_Overview_and_AAP_Requirements.pdf

WHAT TO EXPECT DURING AN EVALUATION AND COMMON PROBLEM

AREAS FOR FEDERAL CONTRACTORS

OFCCP Overview and AAP Requirements

Office of Federal Contract Compliance Programs

Division of Program Operations

SLIDE 1

Agenda

Introduction to OFCCP

Scheduling Process

Compliance Evaluation Process

Common Problem Areas

SLIDE 2

Introduction to OFCCP

Federal civil rights enforcement agency within the U.S. Department of Labor

Mission: OFCCP protects workers, promotes diversity, and enforces the law. OFCCP holds those who do business with the federal government-contractors and subcontractors- responsible for complying with the legal requirement to take affirmative action and not discriminate.

Jurisdiction over federal contractors and subcontractors

SLIDE 3

Laws OFCCP Enforces

Executive Order 11246

Section 503 of the Rehabilitation Act of 1973

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974

4OFCCP Overview

SLIDE 4

Who is a Federal Contractor?

Employers doing business with the federal government, or that subcontract with a company doing business with the federal government, are considered federal contractors

5OFCCP Overview

SLIDE 5

Foundational Compliance Document

Affirmative Action Programs (AAPs)

Employer has 50 or more employees

Contract meets dollar threshold

Executive Order and Section 503: $50,000 or more VEVRAA: $150,000 or more

Developed within 120 days of commencement of contract or subcontract

6OFCCP Overview

SLIDE 6

Scheduling Process

Neutral Selection System Scheduling list developed and maintained by the National Office There is no visibility to the District Office for contractors until selections are made No one is ever scheduled when seeking compliance assistance

SLIDE 7

Scheduling Process

Neutral Selection System Scheduling list developed and maintained by the National Office There is no visibility to the District Office for contractors until selections are made No one is ever scheduled when seeking compliance assistance

SLIDE 8

Scheduling Letter & Itemized Listing

Scheduling Letters and Itemized Listings are sent to establishments by certified mail

Establishments have 30 days from receipt to submit written AAPs and supporting documentation

SLIDE 9

Compliance Evaluation Phases

Desk Audit

Onsite Review

Offsite Analysis

Results

SLIDE 10

Desk Audit

Supporting Documentation:

• EEO-1 Reports

• VETS-4212 Report

• Collective Bargaining Agreement

• Executive Order Goal Progress

• Employment Activity Data

• Compensation Data

SLIDE 11

EO AAP Components

• Organizational Profile

• Job Group Analysis

• Determining Availability

• Comparing Incumbency to Availability

• Placement Goals

SLIDE 12

EO AAP Components

Designation of Responsibility

Identification of Problem Areas

Action Oriented Programs

Internal Audit and Reporting System

SLIDE 13

• Contractor’s Organizational Structure

• Options

– Organizational Display or

– Workforce Analysis

Organizational Profile SLIDE 14

Developed by Division of Policy, Planning and Program Development

Organizational Display

1st: Identify the Department

2nd: Identify the department supervisor

3rd: List the total # workers

4th: List totals for race & gender

Executive Management Chief Officer: 1 WM Total Employees: 7

4WM/1BF/2WF

Production Manager:1 WF

Total Employees: 211

77WM/86BM/8H/31WF/7BF/2HF

Day Shift Foreperson: 1HM

Total Employees:12

6WM/1HM/5WF

Team #1 Team Lead: 1WF

Total Employees: 45

20WM/10WF/12BM/3HM

Team #2 Team Lead: 1HM

Total Employees: 49

25 WM/23BM/1HM

Night Shift Foreperson: 1WM

Total Employees:13

4WM/6BM/2BF/1HF

Human Resources Director: 1BF

Total Employees: 5

1WM/1AM/2HF/1BF

Sales Director: 1HM

Total Employees: 5

3WM/1HM/1NAF

SLIDE 15

Workforce Analysis

Workforce Analysis

Department: Sales

Job Title Wage Rate All Employees

Incumbents by Minority Group Male Female

Total Male Female B H A NA B H A NA

Sales Manager 100+ 1 1 1

Assistant Manager 90+ 2 1 1 Commissioned Sales 80+ 40 35 5 1 1

Billing Clerk 45+ 2 2

Department Totals 45 36 9 1 1 1

SLIDE 16

Job Group Analysis

Groups jobs with similar content, opportunities, and wage rates

List of job titles in each group (annotated if necessary)

Percentage of females and minorities employed in each job group

SLIDE 17

Determining Availability

Job Group:

Office and Clerical Statistical Data

Source of Statistics

Minority Female

1. Percentage of minorities or women with requisite skills in the reasonable recruitment area

32% 88%

EEO Tab Census data for local area

2. Percentage of minorities or women among those promotable, transferable, and trainable within the contractor's organization.

45% 75%

Feeder pool representati on (service workers)

SLIDE 18

Determining Availability Job Group:

Office and Clerical Statistical Data Value Weight Weighted Statistics

Source of Statistics

Minority Female Minority Female

1. Percentage of minorities or women with requisite skills in the reasonable recruitment area

32% 88% 80 % 25.6% 70.4%

EEO Tab Census data for local area

2. Percentage of minorities or women among those promotable, transferable, and trainable within the contractor's organization.

45% 75% 20% 9% 15%

Feeder pool representation (service workers)

Final Availability 34.6% 85.4%

SLIDE 19

10/23/2018 20

Incumbency vs. Availability

Job Group Minority Incumbency

Minority Availability

Establish Goal

Minority Goal

Office and Clerical 25% 34.6% Yes 34.6%

Compared for Minorities in Each Job Group

Compared for Women in Each Job Group

Can Utilize Any Method

SLIDE 20

EO Goals

Established Where Underutilization Identified Set as a Percentage Equal to Availability Serve as Objectives or Targets for Employment

Job Group Minority Incumbency

Minority Availability

Establish Goal

Minority Goal

Office and Clerical 25% 34.6% Yes 34.6%

SLIDE 21

Evaluation of EO Goal Progress

Job group representation at start of AAP year

Percentage placement rates established for minorities and women in underutilized job groups at start of AAP year

The actual number of placements (hires plus promotions) made during AAP year in each job group with goals

SLIDE 22

Section 503 AAP Components

Self-identification

Policy statement

Review of personnel processes

Physical and mental qualifications

Reasonable accommodation to physical and mental limitations

Harassment

SLIDE 23

External dissemination of policy, outreach and positive recruitment

Assessment of external outreach efforts Internal dissemination of policy Audit and reporting system Responsibility for implementation Training Data collection and analysis

Section 503 AAP Components SLIDE 24

Section 503 Utilization Goal

Utilization Goal: 7 %

Applied to Each Job Group

Contractors with 100 or fewer employees may apply the goal to the workforce

If goal not met, then take steps to determine whether impediments exist

SLIDE 25

VEVRAA AAP Components

Self-Identification

Policy statement

Review of personnel processes

Physical and mental qualifications

Reasonable accommodation to physical and mental limitations

Harassment

SLIDE 26

External dissemination of policy, outreach and positive recruitment

Assessment of outreach efforts Internal dissemination of policy Audit and reporting system Responsibility for implementation Training Data collection and analysis

VEVRAA AAP Components SLIDE 27

VEVRAA Hiring Benchmark

Hiring Benchmark

Set Annually

National Percentage, or

Individually Set

Maintain Records Related to Benchmark: 3 Years

SLIDE 28

Contact Information

OFCCP, Division of Program Operations

(202) 693-0106

OFCCP Web Site: www.dol.gov/ofccp

SLIDE 29

http://www.dol.gov/ofccp