julia m éndez, caap, phr, cels director, workforce compliance & diversity solutions peopleclick...

|

Julia Méndez, CAAP, PHR, CELSDirector, Workforce Compliance & Diversity Solutions

Peopleclick Authoria Research Institute

Convincing Hiring Managers to Hire AffirmativelyApril 19, 2011

|

Today’s Agenda

Defining EEO, AA, Diversity

AA Statistics

Case For Hiring Affirmatively

Ways to Measure Success

Consequences of Not Hiring Affirmatively

|

Question

What are the differences among Equal Employment Opportunity,

Affirmative Action and Diversity

|

Equal Employment Opportunity (EEO)?

Requirement under the Civil Rights Act of 1964 (Title VII) for employers with 15 or more employees

Protects individuals from discrimination based on race, color, religion, national origin and gender

Other EEO laws protect against discrimination due to age and disability

Enforced by Equal Employment Opportunity Commission (EEOC) and other various state and local agencies

|

Equal Employment Opportunity (EEO)

Discrimination Practices under Federal EEO Laws: • Cannot discriminate in the following

practices:o Recruiting, hiring and advancemento Pre-employment inquirieso Cannot harass or create a hostile work

environment due to protected classo Compensation & other employment terms,

conditions and privilegeso Segregation and classification of employeeso Cannot retaliate due to a complaint of

discrimination being filed

|

Required Posting – Revised 11/09

http://www.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf

|

What is Diversity?

Individual differences and similarities based on:• Age, ethnicity, gender, race, sexual orientation, religion,

work experience, education, family status, organizational role/level, mental/physical abilities, first language, geographic location, communication style, work style, or status, etc.

• Company implemented and monitored

|

What is Diversity?

It is no longer a choice, but a business reality. It is valuing differences in people based on

their identification with various groups. It is a collective mix of both individual

similarities and differences in the workplace. It drives one to look beyond race and gender. It enables organizations to create an

atmosphere of full acceptance.

|

Business Case for Diversity

Diversity will be required of organizations to remain competitive in the shifting marketplace.

The ability for an organization to remain competitive will be dependent upon its ability to mold to the changing workplace.

Embracing a culture of diversity helps to improve financial results. . .it also strengthens a company’s brand, unifies the corporate culture and empowers stakeholders.

|

Business Case for Diversity It’s all about that innovation that happens with a diverse

team of people…They bring in diverse cultures, skills and talents to a team.

Success requires a global perspective as well as knowledge of other cultures.. .People want to see others who look like them in their local businesses.

Employees will work at companies where they feel welcomed and valued.

Diverse companies outperform companies that are not because they have stronger teamwork and a greater understanding of customers, partners and suppliers.

The Business Case for Diversity: How Companies Keep Their Competitive Edge By Tammy WorthNovember, 2009

|

What is Affirmative Action?

Proactive action-oriented programs designed to ensure equal opportunity of qualified women, minorities, disabled individuals and veterans in the employment process

Enforced by the Office of Federal Contract Compliance Programs (OFCCP)

|

What is Affirmative Action?

Designed to• Promote equal employment opportunity

• Eliminate discrimination for protected members

• Create an opportunity to make a difference

• Remove barriers in the workplace

• Level playing field in every phase of the employment process

|

Exercise

Make your case to management for recommending diversity initiatives to

strengthen your AAP and minimize EEO complaints.

|

Which Laws Are Enforced by the OFCCP?

Executive Order 11246(Race, Color, Religion, Gender, 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) (Covered Veterans)

|

EO 11246

Prohibits discrimination based on race, color, religion, gender, or national origin

Requires companies to engage in affirmative action for women and minorities

Requires companies to maintain data on applicants, hires, promotions, transfers and terminations by race and sex

|

Section 503 of Rehabilitation Act of 1973

Prohibits discrimination based on an individual’s physical or mental disability

If federal contract exceeds $10,000, requires contractor to employ and advance in employment qualified individuals with disabilities

Requires companies to take affirmative action to ensure individuals with disabilities are included in all employment activities

Requires companies to make reasonable accommodation due to physical and mental limitations

|

Vietnam Veterans’ Readjustment Act

Prohibits discriminations based on protected veteran status

If federal contract prior to 12/01/2003 exceeds $25,000, (on or after 12/01/2003, $100,000) requires contractor to employ and advance in employment qualified covered veterans

Requires companies to take affirmative action to ensure covered veterans are included in all employment activities

|

Affirmative Action Reporting

|

Difference Between Permissible Goals & Unlawful Preferences

Goals should NOT be interpreted as permitting unlawful preferential treatment and quotas.

Goals are neither quotas, set-asides, nor a device to achieve proportional representation of equal results.

Goals do not require that any jobs be filled by a person of a particular gender, race, or ethnicity.

Goals are not a ceiling or a floor for employment. The goal-setting process is used to target and

measure the effectiveness of AA efforts to eradicate and prevent barriers to EEO.

|

Identifies goals based on tests used to determine

underutilization

Placement Goals

Only job groups with a goal will appear

Goal Placement Rate **NOT A QUOTA**

|

Goal Attainment

Prior YearEmployees

Only job groups with agoal last year will

appear on this report

If actual placement rate is greater than

goal placement rate, the goal has been met

Prior YearGoals Progress

Towards Goal

|

Impact Ratio Analysis - Hires

2 Standard Deviations

|

Question

How does your organization currently measure effectiveness of recruiters with

respect to AA?

|

Responsibility of Recruiters

Separate all information regarding race/ethnicity/gender from applications.

Does applicant pool mirror the available qualified workforce?

Are you using recruiting sources that somehow limit the gender and/or race of potential applicants?

|


Include an “applicant source” column in the applicant log that indicates where each applicant found a particular job posting.

Take note of whether or not certain recruitment efforts are yielding fewer (or no) qualified candidates.

Take note of recruiting sources that yield qualified candidates with respect to covered groups: Females, Minorities, Disabled, Veterans.

Focus recruitment efforts accordingly.

|


Determine whether money is being spent wisely with respect to recruiting sources that yield the most effective results

Assess whether you are helping the company improve with respect to goals

|

Rating Performance of Recruiters

Number of Recruitment Companies Number of Recruits Number that Passed Internet Applicant definition Diversity percentages Number hired If recruiters are responsible for determining who

gets interviewed, who is an applicant, etc., audit the disposition information for accuracy.

|

Question

How does your organization currently hold managers responsible for AAP success?

|

Responsibilities of Management

Be well versed on laws/regulations regarding affirmative action and equal opportunity.

Be aware of issues within your own department.

Create a plan of action for making progress with respect to goals or deficiencies.

Create an atmosphere free of discrimination.

Generate ideas to assist the company in meeting relevant objectives.

|

Types of Information You Should Disseminate to Management

Placement Goals Goal Attainment

Results Areas with Adverse

Impact Issues at Departmental

Levels Compensation Issues Problem Areas Narrative AAPs Training on EEO/AA

|

Case for Hiring Affirmatively

|

Reasons for Hiring Affirmatively

It’s the law Brings diversity into the workplace Focus during today’s OFCCP audits Competitive advantage Reduces turnover

|

Current OFCCP Focus

•Adverse Impact Analysis

•Compensation Data• Rescission of 2006

Compensation Analysis Guidelines •2% or $2000 test

• Analysis of Good Faith Efforts

• Training & documentation of training

• Active Case Enforcement – chance audit continues beyond desk audit phase

Patricia Shiu - OFCCP

|

Requests in Recent Audits

Proof of GFE for veterans and persons with disabilities

Review of accessibility of website if accept online applications

List of veterans and persons with disabilities hired in AAP year

Copies of training documents proving managers trained on AA obligations

Accommodations made for religion, veterans status, disabilities and list of names

Details on hiring process List of protected

individuals who were not promoted but considered

List of individuals that were out on maternity leave

List of terminations along with reason

|

VEVRAA Origin

Title 38 of the U.S. Code, Section 4212, Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) of 1974 law requires that employers with Federal contracts or subcontracts meeting dollar threshold provide equal opportunity and affirmative action for covered veterans.

|

Outreach Requirement

Note that OFCCP can request to view VETS-100 report in order to determine if contractor is meeting AA obligations to recruit, retain, and promote veterans

Posting positions through State Employment Office might be deemed insufficient if VETS-100 figures show no veterans or very small percentage of covered veterans employed by your company

|

10 Reasons to Hire Veterans

1. Accelerated learning curve2. Leadership3. Teamwork4. Diversity and inclusion in action5. Respect for procedures6. Efficient performance under pressure7. Conscious of health and safety standards8. Triumph over adversity9. Technology and globalization10. IntegritySource: www.hirevetsfirst.gov

http://www.hirevetsfirst.gov/

|

Veteran Facts: Census Bureau 2009

21.9 million - number of military veterans in the U.S.

1.5 million - number of female veterans 2.3 million black veterans 1.1 million Hispanic veterans 258,000 Asian veterans 153,000 American Indian or Alaska Native 30,000 Native Hawaiian or Other Pacific Islander 3 states with 1 million or more veterans: CA, FL,

TX

|

Veterans Facts: Census Bureau 2009

26% percent of veterans with at least a bachelor’s degree

$35,402 median income 9.8 million 18-64 in the labor force 5.5 million veterans with a disability

|

American with Disabilities

19% of U.S. resident reports some level of disability in 2005

54.4 million Americans are roughly equal to populations of California and Florida

46% of people age 21 to 64 with a disability were employed

Changes of having a disability increase with age:• 52% people 65 and older• 71% people 80 and older

|

Hiring Persons with Disabilities

Skills – People with disabilities are just as skilled as other applicants. Finding and keeping skilled workers is essential for short-term money-making and long-term sustainability in the market.

Customers – People with disabilities come from many walks of life and could acquaint your company with a brand new customer base.

Retention – Workers with disabilities have a higher retention rate and are more loyal to their companies than able-bodied employees. “Myths about hiring people with disabilities”

http://www.trainingupdate.org/industry-news/Pages/MythsAboutHiringDisabledWorkers.aspx

|


These workers are loyal to their employers and tend to reduce turnover.

Workers with disabilities tend to boost customer loyalty, cut worker’s compensation costs, and provide financial incentives to their employers.

92 percent of consumers surveyed felt more favorable toward employers who hired workers with disabilities.

|


Meet diversity recruiting and hiring goals. Promote your company’s commitment to a

diverse workforce and a positive work environment.

Save money and time by lowering your turnover rate. Employees with disabilities statistically have a higher rate of loyalty and longevity.

|

Hiring Persons With Disabilities

The federal government has developed a program designed to encourage employers to hire workers with disabilities. It is called the Work Opportunity Tax Credit (WOTC). It has the potential of reducing an employer’s federal tax liability by as much as $2,400 per qualified worker. An employer can take as much as 40 percent of the first $6,000 of wages paid during the first 12 months of employment for each new hire.

|

Hiring Persons With Disabilities

Additionally, the U.S. Social Security Administration’s (SSA) Ticket to Work Program (TTW) provides employers up to $4,800 in the first nine months of employment when they hire a Social Security beneficiary with disabilities.

|

Accessibility Case

Baltimore, Maryland (August 27, 2008): The National Federation of the Blind (NFB) and Target settled a class action lawsuit

$6 million fund established for individuals in California to claim up to $7000 each if they tried to use Target.com and encountered barriers

|

Accessibility Cases

September 26, 2008 iTunes $250,000 contribution

February 11, 2010 Major League

Baseball’s official Web site

|

OFCCP Accessibility Watch List

Ability to Navigate

Navigation link Use without a

mouse Use screen reader

Audio / Text

Captions Text descriptions

Reasonable Accommodations

Avoids triggers for epileptic seizures

Online forms Ability to request

additional help

|

Female Facts: Census Bureau 2010

157.2 million women in the U.S. as of 10-1-10 153.2 million males At 85 and older, there were more than twice as

many women as men $36,278 median annual earnings of women 15 or

older in 2009 Women earn 77 cents for every $1 earned by men States with highest ratio of women-to-men

earnings: D.C., AZ, CA, NV, NY, FL NC, TX, MD

|

Female Facts: Census Bureau 2010

29.9 million women 25 or older with a bachelor’s degree in 2009 (30%)

28.7 million men had a bachelor’s degree

55% - percentage of college students in fall 2008 were women

|

Case for Hiring Females in Senior Roles

Women traditionally make majority of healthcare and nutrition relation decision within the family

Women are a huge market for news and entertainment

Financial performance improves Provides balance by reflecting makeup of

employees Senior support for women in leadership roles is

a critical enabler of profit growthSource: Sharing Best Practices to Boost Senior

Female Leadership by Melissa J. Anderson

|

Case for Hiring Females in Senior Roles

Women bring a different mindset and skill set Social chemistry changes in the boardroom

when women are introduced; everyone is more thoughtful and considerate

Women pose more critical questions

Source: Is 30 Per Cent Representation the New Gender-Equality Dream? Paul Yeung/Reuters

|

Quick Facts: 2009

White persons not Hispanic 65.1% Black persons 12.9% American Indian and Alaska native 1.0% Asian 4.6% Native Hawaiian and Other PI .2% Persons of Hispanic or Latino origin 15.8%

|

Diversity Facts

Whites are now the minority in 46 of the nation’s 366 metro areas including New York, San Diego, Las Vegas and Memphis

|

Asian Facts: Census Bureau 2009

16 million U.S. residents of Asian descent The second-fastest minority group Number of Asians in the U.S.:

• Chinese descent – 3.8 million• Filipinos – 3.2 million• Asian Indians – 2. million• Vietnamese – 1.7 million• Koreans – 1.6 million• Japanese – 1.3 million

Top states with largest Asian population:• California – 5.2 million• New York – 1.5 million• Texas – 1 million

|

Asian Facts: Census Bureau 2009

$68,780 is the median household income For Asian Indians, the median income was

$90,429 50% of Asians 25 and older had a bachelor’s

degree 20% of Asians 25 and older had a graduate

degree 80% of Asians live in a household with Internet

use; highest rate among race and ethnic groups

|

Pacific Facts: Census Bureau 2009

1.1 million Native Hawaiian and Other Pacific Islanders

$53,455 median income of NH/OPI 14% NH/OPI had a bachelor’s degree 4% had a graduate or professional degree 29.9 is the median age compared to 36.8 for the

population as a whole

|

African American Facts: Census Bureau 2009

41.8 million estimated black residents in U.S. 65.7 million projected black population for 7-1-50 18 states with an estimated black population of

at least 1 million: New York led the way 23 states in which blacks were the largest

minority group 19% percentage of blacks with bachelor’s

degree 1.5 million blacks with advanced degrees

|

American Indian and Alaska Native

5 million estimated population 29.7 median age 5 – number of states with American Indian or

Alaska Natives were the largest minority group: AL, MT, ND, OK, SD

163,676 – number of American Indians and Alaska Natives with graduate or professional degree

$37,348 median salary

|

Hispanic Facts: Census Bureau 2009

48.4 million Hispanic population (16%) More than 1 of every two people added to the

nation’s population between 71-08 to 7-1-09 132.8 million projected Hispanic population on

July 1, 2050 27.4 median age 16 states with at least half-million Hispanic

residents: AZ, CA, CO, FL, GA, IL, MA, NV, NJ, NM, NY, NC, PN, TX, VA, WA

21 states in which Hispanics were largest minority group

|

Hispanic Facts: Census Bureau 2009

35 million U.S. residents 5 and older who spoke Spanish

$37,913 median pay 13% percent with bachelor’s

degree

|

Older Americans: Census Bureau 2009

39.6 million people 65 and older 88.5 million – projected population of people 65

and older in 2050 $31,354 median 2009 income of households

with householders 65 and older 55% the percentage who worked full-time

among people 65 and older 20% percentage of population 65 and older who

had a bachelor’s degree

|

Older Americans: Census Bureau 2009

74 men 65 and older for every 100 women in the same age group

5.6 million people 85 and older 71,991 number of centenarians in US 4.1 million living in California; 3.2 in Florida; 2.6

in New York

|

Ways to Measure Success

|

Company Structure

Overall -Rollup

VP/Division 1

AAP 1 AAP 2

VP/Division 2

AAP 3

|

Dashboard View of Compliant and Management Level

|

Audit Risk Dashboard: Areas of Potential RiskPlans

|

Measuring Effectiveness

|

Prepare you Good Faith Effort Submission

|

Gap Analysis

|

Recruiting AreaNorth American

Industrial Classification System

|

Consequences of Non-Compliance

|

Equal Employment Opportunity

What Remedies Are Available When Discrimination Is Found?

• Back pay• Hiring• Promotion• Reinstatement• Front pay• Reasonable accommodation or other actions that will make an

individual “whole”

|

Equal Employment Opportunity

Other remedies may include payment of:• Attorneys' fees • Expert witness fees• Court costs

Compensatory and punitive damages also may be available where intentional discrimination is found:• Actual monetary losses, future monetary

losses, and mental anguish and inconvenience

• Punitive damages may be available if an employer acted with malice or reckless indifference

|

Discrimination Case – 7-27-10

Area Temps Agrees to Pay $650,000 for Profiling Applicants by Race, Sex, National Origin and Age

Temporary Agency Complied With Discriminatory Placement Requests,Fired Employees Who Opposed Unlawful Practices, EEOC Alleged

|

Top Cases in FY 2008

A freight handling company in NC had to pay over $10 million for violations of recordkeeping, past performance issues not resolved, recruitment, hiring and systemic discrimination. The bulk of the remedies were paid to minorities but females did get over $1 million.

The other two major cases involved the same company, one of the nation’s leading poultry company, (one location in TN had to pay almost $5 million) and the other location in NC had to pay almost $10 million. The monies were paid out strictly to minorities. Issues involving recordkeeping, past performance, recruitment, hiring and systemic discrimination.

|

Top Cases in FY 2009

The top case in 2009 was almost $5 million in New Jersey (a wholesale grocer), involved systemic discrimination against females, issues with selection/testing, hiring, and recordkeeping and support data

2nd largest case was in Arkansas (a baby food company), over $2 million; systemic discrimination against females and minorities, selection/testing, hiring, recordkeeping and support data, and continuing issues with past performance.

The 3rd largest case was in California, almost $2 million (a transportation company), systemic discrimination against females, hiring, recordkeeping and support data

|

Executive Order 11246 Violation

Producers Rice Mill (Stuttgart, Arkansas – February 2008); $350,000.

Discriminated against non Hispanics for laborer positions and females for operatives positions in hiring process.

Failed to collect and maintain personnel and employment records in accordance to regulations.

Failed to provide records showing that it conducted IRAs.

Failed to list all employment openings with the Arkansas Department of Workforce Services.

|

Questions

Julia Mendez800-538-3277 x 6110

[email protected]

julia m éndez, caap, phr, cels director, workforce compliance & diversity solutions peopleclick...

Documents